reglab/housing_qa huggingface dataset:
NM Stat § 30-15-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 15 - Property Damage|Section 30-15-7 - Desecration of roadside memorials; penalty.

A. A person shall not knowingly or willfully deface or destroy, in whole or in part, a descanso, also known as a memorial, placed alongside a public road right of way to memorialize the death of one or more persons. B. A person who violates the provisions of Subsection A of this section is: (1) for a first offense, guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and (2) for a second and subsequent offense, guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. C. The provisions of this section shall not apply to law enforcement officials or other employees of the state or a political subdivision of the state who in the course of the lawful discharge of their duties move or remove a descanso that obstructs or damages any public road in this state or to an owner of private property upon which a descanso is located. History: Laws 2007, ch. 35, § 1 and Laws 2007, ch. 242, § 1. ANNOTATIONSEffective dates. — Laws 2007, ch. 242 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Compiler's notes. — Laws 2007, ch. 35, § 1 and Laws 2007, ch. 242, § 1 enacted identical sections. This section is set out as enacted by Laws 2007, ch. 242, § 1. See 12-1-8 NMSA 1978.
NM Stat § 30-16-12 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-12 - Falsely representing oneself as incapacitated.

Falsely representing oneself as disabled consists of a person falsely representing the person's own self to be blind, visually impaired, deaf or having a physical disability for the purpose of obtaining money or other thing of value. Whoever commits falsely representing oneself as disabled is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-16-12, enacted by Laws 1963, ch. 303, § 16-12; 2007, ch. 46, § 36. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, made non-substantive language changes.
NM Stat § 30-16-13 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-13 - Cheating machine or device.

Cheating machine or device consists of any person, with intent to defraud, attempting to operate or causing to be operated any automatic vending machine, parking meter, coin-box telephone, or any machine or receptable [receptacle] designed to receive lawful money of the United States in connection with the sale, use or enjoyment of property or service, by means of any slug, or by any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device. Whoever commits cheating machine or device is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-16-13, enacted by Laws 1963, ch. 303, § 16-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Selection of charges. — Where defendant was alleged to have stolen $400 in quarters from a change machine by using a rigged bill, he was potentially subject to being charged with both larceny and the misdemeanor offense of cheating a machine or device, and the preemption rationale of the general-specific rule did not preclude prosecution under either or both of the statutes. State v. Davis, 2000-NMCA-105, 129 N.M. 773, 14 P.3d 38, cert. denied, 130 N.M. 17, 16 P.3d 442.
NM Stat § 30-16-14 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-14 - Failing to label secondhand watches.

Failing to label secondhand watches consists of any person or jeweler failing to identify or specify in any advertising or merchandise display of watches that the watches offered for sale have had any portion of their movements or cases repaired or replaced. Watches which have had the brand name, the name of the maker, the serial number, movement number or any other distinguishing number or identifying mark erased, defaced, removed, altered or covered shall for the purpose of this section be deemed to be secondhand. For the purpose of this section, sufficient labeling shall consist of any notice affixed to the outside of a watch which clearly and legibly indicates the word "secondhand" printed thereon so that it can be read by a person of normal vision. Whoever commits failing to label secondhand watches is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-16-14, enacted by Laws 1963, ch. 303, § 16-14; 1965, ch. 71, § 1.
NM Stat § 30-16-15 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-15 - Coercing the purchase of insurance from particular broker.

Coercing the purchase of insurance from particular broker consists of any person engaged in selling real or personal property, or the lending of money, requiring as a condition precedent to the sale, financing the purchase of such property or the lending of money, or the renewal of extension of any loan or mortgage, that the purchaser of such property, or recipient of the financial assistance negotiate any policy of insurance or renewal thereof through a particular insurance company, agent, solicitor or broker. Nothing in this section shall be construed to prevent the exercise by any person [of] the right to designate minimum standards as to the company, the terms and provisions of the policy and the adequacy of the coverage with respect to insurance on property pledged or mortgaged to such person. Whoever commits coercing the purchase of insurance from particular broker is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-16-15, enacted by Laws 1963, ch. 303, § 16-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Debtor's executed contract, as condition precedent to loan, illegal. — Where an insurance creditor makes the execution of an insurance contract by the debtor a condition precedent to granting a loan, the contract is clearly illegal. Capo v. Century Life Ins. Co., 1980-NMSC-058, 94 N.M. 373, 610 P.2d 1202. Contract not voided by violation. — Although requirement in loan agreement that borrowers purchase life insurance from named company as a condition precedent to the lending of money was illegal, directly contravening this section, that part of the contract was separable without materially affecting the remainder dealing with the note, mortgage and loan, which were not made unenforceable thereby. Forrest Currell Lumber Co. v. Thomas, 1970-NMSC-018, 81 N.M. 161, 464 P.2d 891. But refund required. — This section, prohibiting the coercing of the purchase of insurance from a particular broker, placed a penalty on the party coercing but not on the other; hence, amount obtained by insurance company through the illegal agreement should be returned to the insureds, even though the insurance company could not have avoided liability on its policies because of the illegality. Forrest Currell Lumber Co. v. Thomas, 1970-NMSC-018, 81 N.M. 161, 464 P.2d 891. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 C.J.S. Innkeepers § 28.
NM Stat § 30-16-16 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-16 - Falsely obtaining services or accommodations; probable 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 accommodations. B. A law enforcement officer may arrest without warrant a person the officer has probable cause to believe has committed the crime of falsely obtaining services or accommodations. A merchant, owner or proprietor who causes such an arrest shall not be criminally or civilly liable if the merchant, owner or proprietor has actual knowledge that the person arrested has committed the crime of falsely obtaining services or accommodations. C. Whoever commits falsely obtaining services or accommodations when the value of the service, food, entertainment or accommodations furnished is: (1) less than two hundred fifty dollars ($250) is guilty of a petty misdemeanor; (2) more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor; (3) more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony; (4) more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony; and (5) more than twenty thousand dollars ($20,000) is guilty of a second degree felony. History: 1953 Comp., § 40A-16-16, enacted by Laws 1963, ch. 303, § 16-16; 1981, ch. 254, § 1; 1987, ch. 121, § 6; 2006, ch. 29, § 8. ANNOTATIONSThe 2006 amendment, effective July 1, 2006, increased the value of the services, food, entertainment or accommodations in Paragraph (1) of Subsection C from less than $100 to less than $250; increased the value of the services, food, entertainment or accommodation in Paragraph (2) of Subsection C from more than $100 but less than $250 to more than $250 but less than $500; and increased the value of the thing embezzled or converted in Paragraph (3) of Subsection C from more than $250 to more than $500. The 1987 amendment, effective June 19, 1987, redesignated former Subsections C(2) and C(3) as present Subsections C(3) and C(4), added present Subsections C(2) and C(5), substituted "two hundred fifty dollars ($250) but not more" for "one hundred dollars ($100) but less" in Subsection C(3), and inserted "but not more than twenty thousand dollars ($20,000)" in Subsection C(4). Am. Jur. 2d, A.L.R. and C.J.S. references. — Modern status of rule that crime of false pretenses cannot be predicated upon present intention not to comply with promise or statement as to future act, 19 A.L.R.4th 959. 43 C.J.S. Innkeepers § 28.
NM Stat § 30-16-17 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-17 - Unlawful removal of effects.

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 from such hotel, motel, trailer park, inn, rented dwelling or boarding house, and where the owner or person in possession of such baggage or effects is given actual notice of the fact of such lien, or where a notice of such lien has been conspicuously posted upon the premises adjacent to such baggage or effects, giving notice of the fact of such lien and the amount thereof. Whoever commits unlawful removal of effects is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-16-17, enacted by Laws 1963, ch. 303, § 16-17. ANNOTATIONSCross references. — For landlord's lien, see 48-3-5 NMSA 1978. For enforcement of liens, see 48-3-13, 48-3-14 NMSA 1978. For lien in favor of owners or operators of hotels, rooming houses, apartment houses, rental dwellings, auto courts, trailer courts or campgrounds, priority and enforcement of same and penalty for removal of property affected thereby, see 48-3-16 to 48-3-18 NMSA 1978.
NM Stat § 30-16-19 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-19 - [Shoplifting;] definitions.

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 type or description regardless of the value offered for sale in or about a store; and C. "merchant" means any owner or proprietor of any store, or any agent, servant or employee of the owner or proprietor. History: 1953 Comp., § 40A-16-19, enacted by Laws 1965, ch. 5, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The reference to "40A-16-19 through 40A-16-23 New Mexico Statutes Annotated, 1953 Compilation" apparently was intended to refer to the sections enacted by Laws 1965, ch. 5, which enacted only 40A-16-19 to 40A-16-22 and no 40A-16-23, 1953 Comp., compiled as 30-16-19, 30-16-20, 30-16-22 and 30-16-23 NMSA 1978. Laws 1967, ch. 230, § 1, subsequently added 40A-16-23, 1953 Comp., relating to a different subject matter and which was formerly compiled herein as 30-16-24 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Use of electronic sensing device to detect shoplifting as unconstitutional search and seizure, 10 A.L.R.4th 376.
NM Stat § 30-16-21 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-21 - Civil liability of adult shoplifter; penalty.

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 dollars ($250), costs of the suit and reasonable attorney's fees. However, the merchant shall not be entitled to recover damages for the retail value of any recovered undamaged merchandise. History: 1953 Comp., § 40A-16-20.1, enacted by Laws 1977, ch. 104, § 1.
NM Stat § 30-16-22 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-22 - Presumptions created.

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 it without paying for it. If any merchandise is found concealed upon any person or among his belongings it shall be prima facie evidence of willful concealment. History: 1953 Comp., § 40A-16-21, enacted by Laws 1965, ch. 5, § 3. ANNOTATIONSCross references. — For evidentiary rule regarding presumptions in criminal cases, see Rule 11-302 NMRA. Section subject to rule of evidence. — There being no statute providing otherwise, the provisions of this section are subject to Rule 303, N.M.R. Evid. (now Rule 11-302 NMRA). State v. Matamoros, 1976-NMCA-028, 89 N.M. 125, 547 P.2d 1167. Instructions improper. — Instructions that one who willfully conceals merchandise on his person shall be "prima facie presumed" to have concealed it with intent of converting it without paying for it, and that concealment on one's person or his belongings is "prima facie evidence" of willful concealment, violated Rule 303(c), N.M.R. Evid. (now Rule 302C NMRA). State v. Matamoros, 1976-NMCA-028, 89 N.M. 125, 547 P.2d 1167. Error not preserved. — Although instructions embodying the language of this section violated Rule 303(c), N.M.R. Evid. (now Rule 302C NMRA), requiring instructions on presumptions to be couched in permissive and not mandatory terms, nevertheless since defendant only objected with a general claim that the instructions created an unconstitutional presumption, and did not alert the trial court to the issue under the evidentiary rule, the error would not be considered further. State v. Matamoros, 1976-NMCA-028, 89 N.M. 125, 547 P.2d 1167. Willful concealment established. — Showing that defendant entered store which had just opened for the day with a blanket wrapped around him, went to the rack where the expensive rugs were kept and at the door was found to have a rug under his blanket, hidden and folded up, constituted sufficient evidence for a rational juror to find each of the inferred facts in this section beyond a reasonable doubt, and showed a willful concealment. State v. Matamoros, 1976-NMCA-028, 89 N.M. 125, 547 P.2d 1167.
NM Stat § 30-16-24 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-24 - Repealed.

ANNOTATIONSRepeals. — 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.
NM Stat § 30-16-25 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-25 - Credit cards; definitions.

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 known as a credit card, credit plate, charge card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in consideration of an undertaking or guarantee by the issuer of the payment of a check drawn by the cardholder; or (2) a credit card account number; C. "expired credit card" means a credit card which shows on its face that it is outdated; D. "issuer" means the business organization or financial institution, or its duly authorized agent, which issues a credit card; E. "participating party" means a business organization, or financial institution, other than the issuer, which acquires for value a sales slip or agreement; F. "sales slip or agreement" means any writing evidencing a credit card transaction; G. "merchant" means every person who is authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by a cardholder; H. "incomplete credit card" means a credit card upon which a part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder, has not been stamped, embossed, imprinted or written on it; I. "revoked credit card" means a credit card for which the permission to use has been suspended or terminated by the issuer, and notice thereof has been given to the cardholder; and J. "anything of value" includes money, goods and services. History: 1953 Comp., § 40A-16-24, enacted by Laws 1971, ch. 239, § 1; 1999, ch. 17, § 1. ANNOTATIONSCross references. — For fraudulently obtaining telecommunications services, see 30-33-12 to 30-33-14 NMSA 1978. For the Credit Card Act, see 56-4-1 NMSA 1978. Repeals and reenactments. — Laws 1971, ch. 239, § 15, repealed 40A-16-24, 1953 Comp., relating to definitions regarding credit cards, and Laws 1971, ch. 239, § 1, enacted a new section. The 1999 amendment, effective July 1, 1999, updated statutory references, and in Subsection B added the Paragraph (1) designation and added Paragraph (2). Definition of credit card. — An electronic benefits transfer (EBT) card issued to a public assistance recipient is not a credit card under Section 30-16-33 NMSA 1978, State v. Martinez, 2001-NMCA-099, 131 N.M. 254, 34 P.3d 643. Am. Jur. 2d, A.L.R. and C.J.S. references. — Credit card issuer's liability, under state laws, for wrongful billing, cancellation, dishonor, or disclosure, 53 A.L.R.4th 231.
NM Stat § 30-16-26 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-26 - Theft of a credit card by taking or retaining possession of 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 it to a person other than the issuer or the cardholder, is guilty of a fourth degree felony. Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common-law larceny by trespassory taking, common-law larceny by trick, embezzlement or obtaining property by false pretense, false promise or extortion. History: 1953 Comp., § 40A-16-25, enacted by Laws 1971, ch. 239, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 239, § 15, repealed 40A-16-25, 1953 Comp., relating to false statements of financial condition, and Laws 1971, ch. 239, § 2, enacted a new section. Constitutionality. — Sections 30-16-26 and 30-16-27 NMSA 1978 are not unconstitutionally vague. State v. Wilson, 1994-NMSC-009, 116 N.M. 793, 867 P.2d 1175. Intent. — Section 30-16-26 NMSA 1978 requires actual knowledge that the credit card was wrongfully taken at the time it was acquired, whereas Section 30-16-27 NMSA 1978 applies when the possessor of the card merely has reason to know of the stolen, mislaid, or mistakenly delivered nature of the card, which knowledge could be gained at any time during the possession. Further, Section 30-16-26 appears to proscribe acquisition with the requisite intent, whereas one can legitimately acquire a stolen credit card under Section 30-16-27 and if one develops the requisite intent later one would not be guilty until that time. State v. Wilson, 1994-NMSC-009, 116 N.M. 793, 867 P.2d 1175. Double jeopardy. — Municipal court conviction of larceny is not the same offense for purposes of double jeopardy as a district court conviction of theft of a credit card. State v. Rodriguez, 2005-NMSC-019, 138 N.M. 21, 116 P.3d 92. Larceny is lesser included offense of theft of a credit card. State v. Rodriguez, 2005-NMSC-019, 138 N.M. 21, 116 P.3d 92. Am. Jur. 2d, A.L.R. and C.J.S. references. — Criminal liability for unauthorized use of credit card, 24 A.L.R.3d 986.
NM Stat § 30-16-27 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 16 - Larceny|Section 30-16-27 - Possession of a credit card stolen, lost, mislaid or 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 with the intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder, is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-16-26, enacted by Laws 1971, ch. 239, § 3. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 239, § 15, repealed 40A-16-26, 1953 Comp., relating to the fraudulent taking, receiving or transfer of a credit card, and Laws 1971, ch. 239, § 3, enacted a new section. Constitutionality. — Sections 30-16-26 and 30-16-27 NMSA 1978 are not unconstitutionally vague. State v. Wilson, 1994-NMSC-009, 116 N.M. 793, 867 P.2d 1175. Intent. — Section 30-16-26 NMSA 1978 requires actual knowledge that the credit card was wrongfully taken at the time it was acquired, whereas Section 30-16-27 NMSA 1978 applies when the possessor of the card merely has reason to know of the stolen, mislaid, or mistakenly delivered nature of the card, which knowledge could be gained at any time during the possession. Further, Section 30-16-26 NMSA 1978 appears to proscribe acquisition with the requisite intent, whereas one can legitimately acquire a stolen credit card under Section 30-16-27 NMSA 1978 and if one develops the requisite intent later one would not be guilty until that time. State v. Wilson, 1994-NMSC-009, 116 N.M. 793, 867 P.2d 1175.