Chapter 30, Chapter 30

value from public assistance recipient. Any employee of the human services department [health care authority department] who knowingly receives anything of value, other than as provided by law, from either a recipient of public assistance or from the family of a public assistance…

Whoever knowingly solicits or receives any remuneration in the form of any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind from a person: A. in return for referring an individual to that person for the furnishing or arranging for the fu…

Whoever knowingly offers or pays any remuneration in the form of any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person: A. to refer an individual to a person for the furnishing or arranging for the furn…

This act [30-41-1 to 30-41-3 NMSA 1978] shall not apply to: A. a discount or other reduction in price obtained by a provider of services or other entity if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provide…

Chapter 30, Article 42 NMSA 1978 may be cited as the "Racketeering Act". History: Laws 1980, ch. 40, § 1; 2025, ch. 128, § 1.

The purpose of the Racketeering Act is to eliminate the infiltration and illegal acquisition of legitimate economic enterprise by racketeering practices and the use of legal and illegal enterprises to further criminal activities. History: Laws 1980, ch. 40, § 2.

As used in the Racketeering Act: A. “racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses: (1) murder, as provided in Section 30-2-1 NMSA 1978…

A. It is unlawful for a person who has received proceeds derived, directly or indirectly, from a pattern of racketeering activity in which the person has participated, to use or invest, directly or indirectly, any part of the proceeds or the proceeds derived from the investment o…

The attorney general and the district attorneys of New Mexico shall each have authority to enforce the criminal provisions of the Racketeering Act by initiating investigations, assisting grand juries, obtaining indictments, filing informations and complaints and prosecuting crimi…

A. A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three times the actual damages proved and the costs of the suit, including reasonable attorney's fees. B. The sta…

This act [30-43-1 to 30-43-5 NMSA 1978] may be cited as the "Loan Sharking Act". History: Laws 1980, ch. 39, § 1.

As used in the Loan Sharking Act: A. "creditor" means any person making an extension of credit or any person claiming by, under or through any person making an extension of credit; B. "debtor" means any person to whom an extension of credit is made or any person who guarantees th…

A. Any person who makes or conspires or attempts to make an extortionate extension of credit is guilty of a third degree felony. B. In any prosecution pursuant to this section, if it is shown that all of the following factors were present in connection with the extension of credi…

A person who knowingly advances money or property, whether as a gift, loan or investment, to any person with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced, directly or indirectly, for the purpose of making extortion…

A. A person who knowingly participates or conspires or attempts to participate in the use of any extortionate means to collect any extensions of credit or to cause harm to the person, reputation or property of any person for the nonpayment thereof is guilty of a third degree felo…

Chapter 30, Article 44 NMSA 1978 may be cited as the "Medicaid Fraud Act". History: Laws 1989, ch. 286, § 1; 1997, ch. 98, § 1.

As used in the Medicaid Fraud Act: A. "benefit" means money, treatment, services, goods or anything of value authorized under the program; B. "claim" means any communication, whether oral, written, electronic or magnetic, that identifies a treatment, good or service as reimbursab…

prosecute criminal actions. A. The attorney general, the district attorneys, the unit and the department have the power and authority to investigate violations of the Medicaid Fraud Act and bring actions to enforce the civil remedies established in the Medicaid Fraud Act. B. The …

A. Falsification of documents consists of: (1) knowingly making or causing to be made a misrepresentation of a material fact required to be furnished under the program or knowingly failing or causing the failure to include a material fact required to be furnished under the progra…

A. Whoever receives payment for treatment, services or goods under the program shall retain all medical and business records relating to: (1) the treatment or care of any recipient; (2) services or goods provided to any recipient; (3) rates paid by the department under the progra…

A. Obstruction of investigation consists of: (1) knowingly providing false information to, or knowingly withholding information from, any person authorized under the Medicaid Fraud Act to investigate violations of that act or to enforce the criminal or civil remedies of that act …

A. Medicaid fraud consists of: (1) paying, soliciting, offering or receiving: (a) a kickback or bribe in connection with the furnishing of treatment, services or goods for which payment is or may be made in whole or in part under the program, including an offer or promise to, or …

limitation of action. A. Any person who receives payment for furnishing treatment, services or goods under the program, which payment the person is not entitled to receive by reason of a violation of the Medicaid Fraud Act, shall, in addition to any other penalties or amounts pro…

This act [30-45-1 to 30-45-7 NMSA 1978] may be cited as the "Computer Crimes Act". History: Laws 1989, ch. 215, § 1.

As used in the Computer Crimes Act: A. "access" means to program, execute programs on, intercept, instruct, communicate with, store data in, retrieve data from or otherwise make use of any computer resources, including data or programs of a computer, computer system, computer net…

A person who knowingly and willfully accesses or causes to be accessed a computer, computer system, computer network or any part thereof with the intent to obtain, by means of embezzlement or false or fraudulent pretenses, representations or promises, money, property or anything …

A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend: A. directly or indirectly alters, changes, damages, disrupts or destroys any com…

A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend, directly or indirectly accesses, uses, takes, transfers, conceals, obtains, copi…

A. Prosecution pursuant to the Computer Crimes Act shall not prevent any prosecutions pursuant to any other provisions of the law where such conduct also constitutes a violation of that other provision. B. A person found guilty of violating any provision of the Computer Crimes Ac…

A. The following are subject to forfeiture: (1) all computer property, equipment or products of any kind that have been used, manufactured, acquired or distributed in violation of the Computer Crimes Act; (2) all materials, products and equipment of any kind that are used or inte…

A. Ticket scalping consists of selling, offering for sale or attempting to sell any ticket, privilege, license, admission or pass to any college athletic event at a price greater than the price charged at the place of admission or printed on the ticket. B. The sale of each ticket…

This act [30-47-1 to 30-47-10 NMSA 1978] may be cited as the "Resident Abuse and Neglect Act". History: Laws 1990, ch. 55, § 1.

The department shall issue rules and regulations as necessary to implement the reporting provisions of the Resident Abuse and Neglect Act. History: Laws 1990, ch. 55, § 10.

The purpose of the Resident Abuse and Neglect Act is to provide meaningful deterrents and remedies for the abuse, neglect or exploitation of care facility residents and to provide an effective system for reporting instances of abuse, neglect or exploitation. History: Laws 1990, c…

As used in the Resident Abuse and Neglect Act: A. "abuse" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including: (1) physical contact that harms or is likely to harm a resident of a care fa…

A. Whoever commits abuse of a care facility resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978. B. Whoever commits abuse of a resident tha…

A. Whoever commits neglect of a resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978. B. Whoever commits neglect of a resident that results …

A. Exploitation of a resident's property consists of the act or process, performed intentionally, knowingly or recklessly, of using a resident's property for another person's profit, advantage or benefit without legal entitlement to do so. B. Whoever commits exploitation of a res…

No resident who is being treated by a duly accredited religious practitioner shall be considered for that reason alone, abused or neglected. History: Laws 1990, ch. 55, § 7.

Decisions Act. A. Nothing in the Resident Abuse and Neglect Act shall be construed to preclude health care in accordance with the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978], and it shall be an affirmative defense to any charge brought under the Resident …

criminal penalty; discrimination or retaliation for filing a report prohibited. A. Any person paid in whole or part for providing to a resident any treatment, care, good, service or medication who has reasonable cause to believe that the resident has been abused, neglected or exp…

This act [30-50-1 to 30-50-4 NMSA 1978] may be cited as the "Fraudulent Telemarketing Act". History: Laws 1995, ch. 37, § 1.

The purpose of the Fraudulent Telemarketing Act is to protect consumers from fraudulent telemarketing. History: Laws 1995, ch. 37, § 2.

As used in the Fraudulent Telemarketing Act: A. "telemarketing" means: (1) being employed by or associating with any company, organization, sole proprietorship or economic venture that uses the telephone on a regular basis as a primary instrument to obtain money from the people t…

A person who knowingly and willfully engages in telemarketing to or from a telephone located in New Mexico with the intent to embezzle or to obtain money, property or any thing of value by fraudulent pretenses, representations or promises in the course of a telephone communicatio…

Sections 1 through 5 [30-51-1 to 30-51-5 NMSA 1978] of this act may be cited as the "Money Laundering Act". History: Laws 1998, ch. 113, § 1.

As used in the Money Laundering Act: A. "financial institution" means: (1) a bank, credit union, trust company or thrift institution or an agency or branch thereof; (2) a broker or dealer in securities or commodities; (3) an investment banker; (4) an investment company; (5) an is…

penalties. A. A financial institution in New Mexico that is required to file a report regarding a financial transaction under the provisions of the federal Currency and Foreign Transactions Reporting Act and the regulations promulgated pursuant to that act shall file a duplicate …

A. It is unlawful for a person who knows that the property involved in a financial transaction is, or was represented to be, the proceeds of a specified unlawful activity to: (1) conduct, structure, engage in or participate in a financial transaction that involves the property, k…

No provision of the Money Laundering Act shall apply to a financial transaction involving the bona fide fees an attorney accepts for representing a client in a criminal investigation or a proceeding arising from a criminal investigation. History: Laws 1998, ch. 113, § 5.