Chapter 30 — Chapter 30

cause; immunity; penalty. A. Falsely obtaining services or accommodations consists of a person obtaining service, food, entertainment or accommodations without paying with the intent to cheat or defraud the owner or person supplying the service, food, entertainment or accommodati…

Unlawful removal of effects consists of any person removing or causing to be removed any baggage or effects from any hotel, motel, trailer park, inn, rented dwelling or boarding house while there is a lien existing thereon for the proper charges due for fare or board furnished fr…

encumbered property. A. Improper sale, disposal, removal or concealing of encumbered property consists of a person knowingly, and with intent to defraud, selling, transferring, removing or concealing, or in any manner disposing of, any personal property upon which a security inte…

As used in Sections 40A-16-19 through 40A-16-23 [40A-16-22] New Mexico Statutes Annotated, 1953 Compilation [30-16-19 to 30-16-23 NMSA 1978]: A. "store" means a place where merchandise is sold or offered to the public for sale at retail; B. "merchandise" means chattels of any typ…

Robbery consists of the theft of anything of value from the person of another or from the immediate control of another, by use or threatened use of force or violence. Whoever commits robbery is guilty of a third degree felony. Whoever commits robbery while armed with a deadly wea…

A. Shoplifting consists of one or more of the following acts: (1) willfully taking possession of merchandise with the intention of converting it without paying for it; (2) willfully concealing merchandise with the intention of converting it without paying for it; (3) willfully al…

A. A person who commits any of the following acts is guilty of organized retail crime: (1) acts in concert with one or more persons to steal merchandise with an aggregated retail market value of two thousand five hundred dollars ($2,500) or more from one or more retailers over th…

Any person who has reached the age of majority and who has been convicted of shoplifting under Section 30-16-20 NMSA 1978, may be civilly liable for the retail value of the merchandise, punitive damages of not less than one hundred dollars ($100) nor more than two hundred fifty d…

Any person who willfully conceals merchandise on his person or on the person of another or among his belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting…

If any law enforcement officer, special officer or merchant has probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it, or has willfully concealed merchandise, and that he can recover …

ANNOTATIONS Repeals. — Laws 1989, ch. 156, § 8 repealed 30-16-24 NMSA 1978, as enacted by Laws 1967, ch. 230, § 1, relating to appropriating trade secrets, effective June 16, 1989. For present comparable provisions, see 57-3A-1 NMSA 1978 et seq.

A. Theft of identity consists of willfully obtaining, recording or transferring personal identifying information of another person without the authorization or consent of that person and with the intent to defraud that person or another or with the intent to sell or distribute th…

As used in Sections 30-16-25 through 30-16-38 NMSA 1978: A. "cardholder" means the person or organization identified on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer; B. "credit card" means: (1) any instrument or device, whether kno…

card taken. A person who takes a credit card from the person, possession, custody or control of another without the cardholder's consent, or who with knowledge that it has been so taken, acquires or possesses a credit card with the intent to use it or to sell it, or to transfer i…

delivered by mistake. A person other than the issuer who receives or possesses a credit card that he knows or has reason to know to have been stolen, lost, mislaid or delivered under a mistake as to the identity or address of the cardholder, and who retains possession thereof wit…

A person other than the issuer, or his authorized agent, who, with intent to defraud, transfers possession of a credit card to a person other than the person whose name appears thereon, or a person who with intent to defraud receives possession of a credit card issued in the name…

Any person who, with intent to defraud, receives, sells or transfers a credit card by making, directly or indirectly, any false statement of a material fact, either orally or in writing, respecting his identity or financial condition or that of any other person, firm or corporati…

Burglary consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein. A. Any person who, without authorization, enters a dwelling house with intent to commit any …

Any person, other than the issuer, who possesses, receives, sells or transfers four or more credit cards, issued in a name or names other than his own in violation of Sections [Section] 30-16-26 or 30-16-27 or 30-16-28 or 30-16-29 NMSA 1978 is guilty of a third degree felony. His…

A person who, with intent to defraud a purported issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, makes or embosses a purported credit card, or alters such a credit card, without the consent of the issuer, is gui…

agreements. Any person, other than a cardholder, or a person authorized by him, who, with intent to defraud, signs the name of another, or of a fictitious person, to a credit card or to a sales slip or agreement is guilty of a fourth degree felony. History: 1953 Comp., § 40A-16-3…

A. Fraudulent use of a credit card consists of a person obtaining anything of value, with intent to defraud, by using: (1) a credit card obtained in violation of Sections 30-16-25 through 30-16-38 NMSA 1978; (2) a credit card that is invalid, expired or revoked; (3) a credit card…

A. A merchant or the employee of a merchant commits fraud if, with intent to defraud, the merchant or employee furnishes or allows to be furnished anything of value upon presentation of a credit card: (1) obtained or retained in violation of Sections 30-16-25 through 30-16-38 NMS…

plates or other contrivance. A. Any person who possesses an incomplete credit card, with intent to defraud, is guilty of a misdemeanor. Possession of four or more incomplete credit cards, with intent to defraud, is a fourth degree felony. B. Any person, who with intent to defraud…

A person who receives money, goods, services or anything else of value obtained in violation of Section 30-16-33 NMSA 1978, and who knows or has reason to believe that it was so obtained, violates this section. The degree of the offense is determined as follows: A. when the value…

discount. Any person who obtains, at a discount price, a ticket issued by an airline, railroad, steamship or other transportation company, which ticket was acquired in violation of Section 30-16-33 NMSA 1978, without reasonable inquiry to ascertain that the person from whom it wa…

The provisions of Sections 30-16-25 through 30-16-38 NMSA 1978 shall not be construed to preclude the applicability of any other provision of the criminal law of this state or any municipality thereof that presently applies or may in the future apply to any transaction that viola…

or leased vehicle or other personal property; penalty. A person who rents or leases a vehicle or other personal property and obtains or retains possession of it by means of any false or fraudulent representation, fraudulent concealment, false pretense, trick, artifice or device, …

Aggravated burglary consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with intent to commit any felony or theft therein and the person either: A. is armed with a deadly weapon; B. after entering, arms himse…

personal property; penalty; presumption. A. A person who, after leasing a vehicle or other personal property under a written agreement that provides for the return of the vehicle or personal property to a particular place at a particular time and who, with intent to defraud the l…

ANNOTATIONS Repeals. — Laws 1991, ch. 112, § 10 repealed 30-16-41 NMSA 1978, as enacted by Laws 1974, ch. 89, § 1, relating to unauthorized recording, sale of unauthorized recordings, providing equipment for illegal recording, penalties, and exemptions, effective July 1, 1991. Fo…

ANNOTATIONS Repeals. — Laws 1991, ch. 112, § 10 repealed 30-16-42 NMSA 1978, as enacted by Laws 1974, ch. 89, § 2, relating to manufacture, distribution or sale of phonograph recordings without name of manufacturer and designation of featured performer or group, and penalties, ef…

ANNOTATIONS Repeals. — Laws 1991, ch. 112, § 10 repealed 30-16-43 NMSA 1978, as enacted by Laws 1974, ch. 89, § 3, relating to rights of parties in private litigation, effective July 1, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com. For present…

ANNOTATIONS Repeals. — Laws 1991, ch. 112, § 10 repealed 30-16-44 NMSA 1978, as enacted by 1975, ch. 335, § 2, relating to forfeitures, property subject, effective July 1, 1991. For provisions of former sections, see the 1990 NMSA 1978 on NMOneSource.com. For present comparable p…

ANNOTATIONS Repeals. — Laws 1991, ch. 112, § 10 repealed 30-16-45 NMSA 1978, as enacted by Laws 1975, ch. 335, § 3, relating to forfeiture, procedure, effective July 1, 1991. For provisions of former sections, see the 1990 NMSA 1978 on NMOneSource.com. For present comparable prov…

The legislature finds that thefts of crude petroleum oil are a significant problem in this state, and that due to the fungible nature of the product and difficulty of identification and apprehension, extraordinary measures are necessary. History: Laws 1981, ch. 257, § 1.

A. Any person in possession of crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas or both for transportation by motor vehicle from or to storage, disposal, processing or refining must also possess specific documentation r…

Any person who is found within any geographical area of the state designated by regulation of the division as a crude petroleum oil producing area, in possession of crude petroleum oil, sediment, water or brine produced in association with the production of oil or gas or both, wh…

Possession of burglary tools consists of having in the person's possession a device or instrumentality designed or commonly used for the commission of burglary and under circumstances evincing an intent to use the same in the commission of burglary. Whoever commits possession of …

A. Fraud consists of the intentional misappropriation or taking of anything of value that belongs to another by means of fraudulent conduct, practices or representations. B. Whoever commits fraud when the value of the property misappropriated or taken is two hundred fifty dollars…

A. Unlawful dealing in federal food coupons or WIC checks consists of a person buying, selling, trading, bartering or possessing food coupons or WIC checks issued by the United States department of agriculture with the intent to obtain an economic benefit to which the person is n…

A. Embezzlement consists of a person embezzling or converting to the person's own use anything of value, with which the person has been entrusted, with fraudulent intent to deprive the owner thereof. B. Whoever commits embezzlement when the value of the thing embezzled or convert…

Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compell [compel] the person threatened to do or refrain from doing any act against his will. Any of…

ANNOTATIONS Repeals. — Laws 1989, ch. 215, § 8 repealed 30-16A-1 NMSA 1978, as enacted by Laws 1979, ch. 176, § 1, relating to the short title of the Computer Crimes Act, effective June 16, 1989. For present comparable provisions, see 30-45-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1989, ch. 215, § 8 repealed 30-16A-2 NMSA 1978, as enacted by Laws 1979, ch. 176, § 2, relating to definitions of the Computer Crimes Act, effective June 16, 1989. For present comparable provisions, see 30-45-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1989, ch. 215, § 8 repealed 30-16A-3 NMSA 1978, as enacted by Laws 1979, ch. 176, §3, relating to computer fraud, effective June 16, 1989. For present comparable provisions, see 30-45-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1989, ch. 215, § 8 repealed 30-16A-4 NMSA 1978, as enacted by Laws 1979, ch. 176, § 4, relating to unauthorized computer use, effective June 16, 1989. For present comparable provisions, see 30-45-1 NMSA 1978 et seq. ARTICLE 16B Unauthorized Recording

Sections 1 through 9 [30-16B-1 to 30-16B-9 NMSA 1978] of this act may be cited as the "Unauthorized Recording Act". History: Laws 1991, ch. 112, § 1.

As used in the Unauthorized Recording Act: A. "audiovisual recording" means a recording on which images, including images accompanied by sound, are recorded or otherwise stored, including motion picture film, video cassette, video tape, video disc, other recording mediums or a co…

A. It is unlawful for any person to: (1) knowingly transfer for sale or cause to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain without the consent of the owner; (2) tr…