reglab/statecodes huggingface dataset:
2023 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C. "expired credit card" means a credit card which shows on its face that it is outdated;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.
ANNOTATIONS
Cross 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— Laws 1971, ch. 239, § 15, repealed 40A-16-24, 1953 Comp., relating to definitions regarding credit cards, and Laws 1971, ch. 239, § 1, enacted a new section.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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-28 - Fraudulent transfer or receipt of a credit card.

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 of a person other than himself from a person other than the issuer, or his authorized agent, is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-16-27, enacted by Laws 1971, ch. 239, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 239, § 15, repealed 40A-16-27, 1953 Comp., relating to the fraudulent making or signing of a credit card, and Laws 1971, ch. 239, § 4, enacted a new section.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-29 - Fraudulent taking, receiving or transferring credit cards.

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 corporation, is guilty of a misdemeanor.
History:
1953 Comp., § 40A-16-29, enacted by Laws 1971, ch. 239, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 239, § 15, repealed 40A-16-29, 1953 Comp., relating to fraudulent acts by a merchant, and Laws 1971, ch. 239, § 5, enacted a new section.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-30 - Dealing in credit cards of another.

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.
History:
1953 Comp., § 40A-16-30, enacted by Laws 1971, ch. 239, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Repeals and reenactments.
— Laws 1971, ch. 239, § 15, repealed 40A-16-30, 1953 Comp., relating to possession of incomplete credit card or machinery, plates or other contrivance, and Laws 1971, ch. 239, § 6, enacted a new section.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-31 - Forgery of a credit card.

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 guilty of a fourth degree felony. A person "makes" a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or when he alters a credit card which was validly issued. A person "embosses" a credit card when, without the authorization of the named issuer, he completes a credit card by adding any other 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.
History:
1953 Comp., § 40A-16-31, enacted by Laws 1971, ch. 239, § 7.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 239, § 15, repealed 40A-16-31, 1953 Comp., relating to obtaining a fraudulently acquired transportation ticket at a discount, and Laws 1971, ch. 239, § 7, enacted a new section.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-32 - Fraudulent signing of credit cards or sales slips or 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-16-32, enacted by Laws 1971, ch. 239, § 8.
ANNOTATIONS
Due process.
— The phrase "signs the name of another" does not render this section unconstitutionally vague.
State v. Sweat
, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Equal protection.
— This section does not deprive a defendant of equal protection of the law.
State v. Sweat
, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Contention that this section denies equal protection to those who sign the name of another to a credit card, sales slip or agreement because the class of people who use the credit card of another with the same name as theirs, and sign that name, which is both theirs and the cardholder's, are exempt from prosecution, was without merit.
State v. Sweat
, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
This section is directed to prevention of fraud
in connection with credit cards, sales slips or agreements and applies when a person with the requisite intent signs a name other than his own or the name of a fictitious person.
State v. Sweat
, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
"Another" means
"other than oneself."
State v. Sweat
, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Each use separate offense.
— This section punishes each fraudulent signature. This indicates that the legislature intended to punish each use of a credit card under 30-16-33 NMSA 1978, not the continuing possession and usage of one card.
State v. Salazar
, 1982-NMCA-077, 98 N.M. 70, 644 P.2d 1059.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Successful negotiation of commercial transaction as element of state offense of credit card fraud or false pretense in use of credit card, 106 A.L.R.5th 701.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-35 - Possession of incomplete credit cards or machinery, 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, possesses machinery, plates or any other contrivance designed to reproduce instruments purporting to be credit cards of an issuer who has not consented to the preparation of such credit cards, is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-16-35, enacted by Laws 1971, ch. 239, § 11.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-36 - Receipt of property obtained in violation of act.

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 of all things of value obtained from a person in violation of this section is two hundred fifty dollars ($250) or less in any consecutive six-month period, then the offense is a petty misdemeanor;
B. when the value of all things of value obtained from a person in violation of this section is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period, then the offense is a misdemeanor;
C. when the value of all things of value obtained from a person in violation of this section is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive six-month period, then the offense is a fourth degree felony;
D. when the value of all things of value obtained from a person in violation of this section is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any consecutive six-month period, then the offense is a third degree felony; or
E. when the value of all things of value obtained from a person in violation of this section is more than twenty thousand dollars ($20,000) in any consecutive six-month period, then the offense is a second degree felony.
History:
1953 Comp., § 40A-16-36, enacted by Laws 1971, ch. 239, § 12; 2006, ch. 29, § 13.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, changed the statutory references from the 1953 references to the NMSA 1978 references; increased the value of the property in Subsection A from $100 or less to $250 or less; increased the value of the property in Subsection B from more than $100 but less than $300 in a consecutive six-month period to more than $250 but less than $500 in a consecutive six-month period; replaced former Subsection C, which provided that if the value of things obtained exceeds $300 in a consecutive six-month period the offense was a third degree felony, with Subsections C through E.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-37 - Obtaining fraudulently acquired transportation ticket at a 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 was obtained had a legal right to possess it, shall be presumed to know that the ticket was acquired under circumstances constituting a violation of Section 30-16-33 NMSA 1978, and shall be guilty of a fourth degree felony.
History:
1953 Comp., § 40A-16-37, enacted by Laws 1971, ch. 239, § 13.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-38 - Applicability of other laws.

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 violates the cited provisions, unless the other state or municipal law is inconsistent with the terms of the cited provisions.
History:
1953 Comp., § 40A-16-38, enacted by Laws 1971, ch. 239, § 14.
ANNOTATIONS
Severability.
— Laws 1971, ch. 239, § 16, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-39 - Fraudulent acts to obtain or retain possession of rented 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, including a false representation as to the person's name, residence, employment or operator's license, is guilty of a:
A. petty misdemeanor if the vehicle or property has a value of two hundred fifty dollars ($250) or less;
B. misdemeanor if the vehicle or property has a value of over two hundred fifty dollars ($250) but not more than five hundred dollars ($500);
C. fourth degree felony if the property or vehicle has a value of over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500);
D. third degree felony if the property or vehicle has a value of over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000); and
E. second degree felony if the property or vehicle has a value of over twenty thousand dollars ($20,000).
History:
1953 Comp., § 40A-16-39, enacted by Laws 1972, ch. 23, § 1; 1979, ch. 251, § 1; 2006, ch. 29, § 14.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, provided in Subsection A that if the value of the vehicle is $250 or less, the crime is a petty misdemeanor; provided in Subsection B that if the value of the vehicles is more than $250 but less than $500, the crime is a misdemeanor; provided in Subsection C that if the value of the vehicle is more than $500 but less than $2,500, the crime is a fourth degree felony; provided in Subsection D that if the value of the vehicle is more than $2,500 but less than $20,000, the crime is a third degree felony; and provided in Subsection E that if the value of the vehicle is more than $20,000, the crime is a second degree felony.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— State regulation of motor vehicle rental ("you-drive") business, 60 A.L.R.4th 784.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-41 - Repealed.

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. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
Chapter 30, Article 16B NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-42 - Repealed.

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, effective July 1, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
Chapter 30, Article 16B NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-43 - Repealed.

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 comparable provisions,
see
Chapter 30, Article 16B NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-44 - Repealed.

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 provisions,
see
Chapter 30, Article 16B NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-45 - Repealed.

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 provisions,
see
Chapter 30, Article 16B NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-46 - Legislative finding.

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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-47 - Documentation required.

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 required by regulation of the oil conservation division of the energy and minerals department, hereinafter in this act [30-16-46 to 30-16-48 NMSA 1978] called "division," which substantiates his right to be in possession of the estimated volume of crude petroleum oil carried in that vehicle. The regulation shall require the documentation to include:
(1) the identity of the operator and the location of the lease from which the crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas or both, if it is purportedly being transported from a lease; and
(2) the identity of the operator of and the location of the storage facility from which or to which the crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas or both is being transported; and
(3) the identity of the operator of and the location of the disposal, processing or refining facility to which the crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas or both is being transported; and
(4) the estimated percentage of crude petroleum oil in the sediment, water or brine produced in association with the production of oil or gas or both, which is being transported; or
(5) the volume of crude petroleum oil being transported; and
(6) any additional information the division finds necessary or convenient.
B. Any person who stores, processes, disposes of or refines any volume of crude petroleum oil must possess specific documentation as prescribed by regulation of the division which substantiates his right to be in possession of the volume of crude petroleum oil he possesses or in possession of an amount of crude petroleum oil which could reasonably justify the amount of processed or refined products produced by him from crude petroleum oil, and in his possession or sold by him.
History:
Laws 1981, ch. 257, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-48 - Penalty; further investigation.

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, which contains crude petroleum oil, and does not, on a reasonable request of any state police officer or other law enforcement officer as defined in Section 29-7-9 NMSA 1978, produce the required documentation for examination and inspection is guilty of a misdemeanor. If the documentation is produced but differs substantially from the load the transporter is carrying, or differs substantially from crude petroleum oil or processed or refined products produced by him from crude petroleum oil, and in his possession or sold by him, it shall be substantial evidence supporting further investigation by such officer or agent of possible theft of crude petroleum oil.
History:
Laws 1981, ch. 257, § 3.
ANNOTATIONS
Compiler's notes.
— Section 29-7-9, referred to in this section, was repealed by Laws 1988, ch. 58, § 7. For present comparable provisions,
see
29-7-7F NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16A - Computer Crimes (Repealed.) › Section 30-16A-1 - Repealed.

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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16A - Computer Crimes (Repealed.) › Section 30-16A-2 - Repealed.

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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16A - Computer Crimes (Repealed.) › Section 30-16A-3 - Repealed.

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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16A - Computer Crimes (Repealed.) › Section 30-16A-4 - Repealed.

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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16B - Unauthorized Recording › Section 30-16B-1 - Short title.

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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16B - Unauthorized Recording › Section 30-16B-2 - Definitions.

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 copy that duplicates in whole or in part the original, but does not include recordings produced by an individual for personal use that are not commercially distributed for profit;
B. "fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the owner, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration;
C. "live performance" means a recitation, rendering or playing of a series of images, musical, spoken or other sounds, or a combination of images and sounds;
D. "manufacturer" means any person who actually transfers or causes the transfer of a recording, or assembles and transfers any product containing any recording as a component thereof, but does not include the manufacturer of a cartridge or casing for a recording;
E. "owner" means a person who owns the sounds or images fixed in a master phonograph record, master disc, master tape, master film or other recording on which sound or image is or can be recorded and from which the transferred recorded sounds or images are directly or indirectly derived;
F. "person" means any individual, firm, partnership, corporation, association or other entity;
G. "recording" means a tangible medium on which sounds, images or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio cassette or videocassette, wire, film or other medium now existing or developed later on which sounds, images or both are or can be recorded or otherwise stored, or a copy or reproduction that duplicates in whole or in part the original;
H. "tangible medium of expression" means the material object on which sounds, images or a combination of both are fixed by any method now known or later developed, and from which the sounds, images or combination of both can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device; and
I. "transfer" means to duplicate a recording from one tangible medium of expression to another recording.
History:
Laws 1991, ch. 112, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16B - Unauthorized Recording › Section 30-16B-3 - Unauthorized recording; prohibited act; penalties.

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) transport within this state for commercial advantage or private financial gain a recording with the knowledge that the sounds have been transferred without the consent of the owner; or
(3) advertise or offer for sale, sell, rent or cause the sale, resale or rental of or possess for one or more of these purposes any recording that the person knows has been transferred without the consent of the owner.
B. Any person violating the provisions of Subsection A of this section:
(1) when the offense involves seven or more unauthorized recordings embodying sound or seven or more audiovisual recordings, at any one time, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(2) when the offense involves fewer than seven unauthorized recordings embodying sound or fewer than seven audiovisual recordings, at any one time, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1991, ch. 112, §3; 2005, ch. 248, § 1.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changed the threshold number of recordings embodying sound from one hundred to seven, deleted the former qualification that the recordings occur during a one-hundred-eighty-day period, and added the qualification that the recordings may occur at any one time in Subsection B(1); and changed the number of recordings embodying sound from fewer than one hundred to fewer than seven, deleted the former qualification that the recordings occur during a one-hundred-eighty-day period and adds the qualification that the recordings may occur at any one time in Subsection B(2).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Propriety of attorney's surreptitious sound recording of statements by others who are or may become involved in litigation, 32 A.L.R.5th 715.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16B - Unauthorized Recording › Section 30-16B-4 - Required labeling; penalties.

A. It is unlawful for any person for commercial advantage or private financial gain to advertise, offer for sale or resale, sell, resell, lease or possess for any of these purposes any recording that the person knows does not contain the true name of the manufacturer in a prominent place on the cover, jacket or label of the recording.
B. Any person violating the provisions of Subsection A of this section:
(1) when the offense involves seven or more unauthorized recordings embodying sound or seven or more audiovisual recordings, at any one time, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(2) when the offense involves fewer than seven unauthorized recordings embodying sound or fewer than seven audiovisual recordings, at any one time, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1991, ch. 112, § 4; 2005, ch. 248, § 2.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changed the threshold number of recordings embodying sound from one hundred to seven, deleted the former qualification that the recordings occur during a one-hundred-eighty-day period, and added the qualification that the recordings may occur at any one time in Subsection B(1); and changed the number of recordings embodying sound from fewer than one hundred to fewer than seven, deletes the former qualification that the recordings occur during a one-hundred-eighty-day period and adds the qualification that the recordings may occur at any one time in Subsection B(2).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16B - Unauthorized Recording › Section 30-16B-5 - Unauthorized recording of live performances; penalties.

A. It is unlawful for any person for commercial advantage or private financial gain to advertise, offer for sale, sell, rent, transport, cause the sale, resale, rental or transportation of or possess for one or more of these purposes a recording of a live performance that has been recorded or fixed without the consent of the owner.
B. Any person violating the provisions of Subsection A of this section:
(1) when the offense involves seven or more unauthorized recordings embodying sound or seven or more audiovisual recordings, at any one time, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(2) when the offense involves fewer than seven unauthorized recordings embodying sound or fewer than seven audiovisual recordings, at any one time, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
C. In the absence of a written agreement or law to the contrary, the performer of a live performance is presumed to own the rights to record or fix those sounds.
D. For the purposes of this section, a person who is authorized to maintain custody and control over business records that reflect whether the owner of the live performance consented to having the live performance recorded or fixed is a competent witness in a proceeding regarding the issue of consent.
History:
Laws 1991, ch. 112, § 5; 2005, ch. 248, § 3.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changed the threshold number of recordings embodying sound from one hundred to seven, deleted the former qualification that the recordings occur during a one-hundred-eighty-day period, and added the qualification that the recordings may occur at any one time in Subsection B(1); and changed the number of recordings embodying sound from fewer than one hundred to fewer than seven, deleted the former qualification that the recordings occur during a one-hundred-eighty-day period and added the qualification that the recordings may occur at any one time in Subsection B(2).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16B - Unauthorized Recording › Section 30-16B-6 - Exemptions.

The provisions of the Unauthorized Recording Act do not apply to:
A. any radio or television broadcaster who transfers any recording as part of, or in connection with, a radio or television broadcast transmission or for archival preservation;
B. any recording defined as a public record of any court, legislative body or proceedings of a public body, whether or not a fee is charged or collected for copies; or
C. any person who transfers a recording for his personal use and who does not derive any commercial advantage or private financial gain from the transfer.
History:
Laws 1991, ch. 112, § 6.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16B - Unauthorized Recording › Section 30-16B-8 - Forfeitures; property subject.

Pursuant to the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978], the following are subject to forfeiture:
A. all equipment, devices or articles that have been produced, reproduced, manufactured, distributed, dispensed or acquired in violation of the Unauthorized Recording Act;
B. all devices, materials, products and equipment of any kind that are used or intended for use in producing, reproducing, manufacturing, processing, delivering, importing or exporting any item set forth in and in violation of the Unauthorized Recording Act;
C. all books, business records, materials and other data that are used or intended for use in violation of Section 30-16B-3, 30-16B-4 or 30-16B-5 NMSA 1978; and
D. money or negotiable instruments that are the fruit or instrumentality of the crime.
History:
Laws 1991, ch. 112, § 8; 2015, ch. 152, § 16.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided that the provisions of the Forfeiture Act apply to this section; in the undesignated introductory sentence, added "Pursuant to the provisions of the Forfeiture Act"; and in Subsection C, after "Section", deleted "3, 4 or 5 of the Unauthorized Recording Act" and added "30-16B-3, 30-6B-4 or 30-16B-5 NMSA 1978".
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16B - Unauthorized Recording › Section 30-16B-9 - Forfeiture; procedure.

The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture under the Unauthorized Recording Act.
History:
Laws 1991, ch. 112, § 9; 2002, ch. 4, § 13.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, deleted the Subsection A designation; added "The provisions of the Forfeiture Act apply to the seizure, forfeiture and disposal of" in the first sentence; and deleted the last phrase of the first sentence in former Subsection A and former Subsections B through F, which contained standards and procedures for the forfeiture of property subject to forfeiture under the Unauthorized Recording Act.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16C - Unauthorized Theater Recording › Section 30-16C-1 - Unlawful operation of an audiovisual recording device.

A. Unlawful operation of an audiovisual recording device consists of a person knowingly operating an audiovisual recording device to record or transmit a motion picture in a motion picture theater without the consent of the motion picture theater owner or manager while a motion picture is being exhibited.
B. A person who commits unlawful operation of an audiovisual recording device is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
C. The owner, manager or lessee of a motion picture theater or an agent or employee of the owner, manager or lessee who alerts law enforcement authorities that an alleged violation of Subsection A of this section is taking place is not liable in any civil action arising from the detention of the person alleged to be operating or to have operated the audiovisual recording device when the owner, manager or lessee or an agent or employee of the owner, manager or lessee is acting in good faith, unless the plaintiff can show by a preponderance of the evidence that the detention measures were unreasonable or the period of detention was unreasonably long.
D. This section does not prevent law enforcement personnel from operating an audiovisual recording device in a motion picture theater as part of a lawfully authorized investigation.
E. Nothing in this section prevents prosecution under any other statutes.
F. As used in this section:
(1) "audiovisual recording device" means a device capable of recording or transmitting a motion picture or any part of a motion picture by means of any technology; and
(2) "motion picture theater" means a movie theater, screening room or other venue used primarily for the exhibition of motion pictures.
History:
Laws 2006, ch. 79, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 79, § 2 made the act effective July 1, 2006.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16D - Unlawful Taking of a Vehicle or Motor Vehicle › Section 30-16D-2 - Embezzlement of a vehicle or motor vehicle.

A. Embezzlement of a vehicle or motor vehicle consists of a person embezzling or converting to the person's own use a vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978], with which the person has been entrusted, with the fraudulent intent to deprive the owner of the vehicle or motor vehicle.
B. Whoever commits embezzlement of a vehicle or motor vehicle is guilty of a:
(1) fourth degree felony for a first offense;
(2) third degree felony for a second offense; and
(3) second degree felony for a third or subsequent offense.
History:
Laws 2009, ch. 253, § 2 and Laws 2009, ch. 261, § 2.
ANNOTATIONS
Duplicate laws.
— Laws 2009, ch. 253, § 2 and Laws 2009, ch. 261, § 2 enacted identical sections, effective July 1, 2009. Both have been compiled as 30-16D-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16D - Unlawful Taking of a Vehicle or Motor Vehicle › Section 30-16D-3 - Fraudulently obtaining a vehicle or motor vehicle.

A. Fraudulently obtaining a vehicle or motor vehicle consists of a person intentionally misappropriating or taking a vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] that belongs to another person by means of fraudulent conduct, practices or representations.
B. Whoever commits fraudulently obtaining a vehicle or motor vehicle is guilty of a:
(1) fourth degree felony for a first offense;
(2) third degree felony for a second offense; and
(3) second degree felony for a third or subsequent offense.
History:
Laws 2009, ch. 253, § 3 and Laws 2009, ch. 261, § 3.
ANNOTATIONS
Duplicate laws.
— Laws 2009, ch. 253, § 3 and Laws 2009, ch. 261, § 3 enacted identical sections, effective July 1, 2009. Both have been compiled as 30-16D-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16D - Unlawful Taking of a Vehicle or Motor Vehicle › Section 30-16D-5 - Injuring or tampering with a motor vehicle.

A. Injuring or tampering with a motor vehicle consists of a person, individually or in association with another person:
(1) purposely and without authority from the owner starting or causing to be started the engine of any motor vehicle;
(2) purposely and maliciously shifting or changing the starting device or gears of a standing motor vehicle to a position other than that in which they were left by the owner or driver of the motor vehicle;
(3) purposely scratching or damaging the chassis, running gear, body, sides, top covering or upholstering of a motor vehicle that is the property of another;
(4) purposely destroying any part of a motor vehicle or purposely cutting, mashing or marking or in any other way destroying or damaging any part, attachment, fastening or appurtenance of a motor vehicle without the permission of the owner;
(5) purposely draining or starting the drainage of any radiator, oil tank or gas tank upon a motor vehicle without the permission of the owner;
(6) purposely putting any metallic or other substance or liquid in the radiator, carburetor, oil tank, grease cup, oilers, lamps, gas tanks or machinery of the motor vehicle with the intent to injure or damage or impede the working of the machinery of the motor vehicle;
(7) maliciously tightening or loosening any bracket, bolt, wire, nut, screw or other fastening on a motor vehicle; or
(8) purposely releasing the brake upon a standing motor vehicle with the intent to injure the motor vehicle.
B. Whoever commits injuring or tampering with a motor vehicle is guilty of a misdemeanor.
C. As used in this section, "motor vehicle" means a motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978].
History:
1953 Comp., § 64-3-506, enacted by Laws 1978, ch. 35, § 93; § 66-3-506 NMSA 1978 recompiled and amended as § 30-16D-5 by Laws 2009, ch. 253, § 5 and Laws 2009, ch. 261, § 5.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 253, § 5 and Laws 2009, ch. 261, § 5 recompiled and amended former 66-3-506 NMSA 1978, relating to injuring or tampering with vehicle, as 30-16D-5 NMSA 1978, effective July 1, 2009.
The 2009 amendment,
effective July 1, 2009, in Subsection A, at the beginning of the sentence, added "Injuring or tampering with a motor vehicle consists of"; after "association with", deleted the remainder of the sentence, which provided that the offense was a misdemeanor and prescribed penalties and added "another person"; and added Subsections B and C.
Laws 2009, ch. 253, § 5 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 261, § 5.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16D - Unlawful Taking of a Vehicle or Motor Vehicle › Section 30-16D-6 - Altering or changing engine or other numbers.

A. No person shall, with fraudulent intent, deface, remove, cover, destroy or alter the manufacturer's serial number, engine number, decal or other distinguishing number or identification mark or number placed under assignment of the motor vehicle division of the taxation and revenue department of a vehicle required to be registered under the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] or any vehicle, motor vehicle or motor vehicle engine or component as defined by the Motor Vehicle Code for which a dismantler's notification form has been processed through the division, nor shall any person place or stamp any serial, engine, decal or other number or mark upon the vehicle except one assigned by the division. Any violation of this section is a fourth degree felony.
B. This section shall not prohibit the restoration by an owner of an original serial, engine, decal or other number or mark when the restoration is made under permit issued by the division nor prevent any manufacturer from placing, in the ordinary course of business, numbers, decals or marks upon vehicles or parts thereof.
History:
1953 Comp., § 64-3-508, enacted by Laws 1978, ch. 35, § 95; 1978 Comp., § 66-3-508, recompiled and amended as § 30-16D-6 by Laws 2009, ch. 253, § 6 and Laws 2009, ch. 261, § 6.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 253, § 6 and Laws 2009, ch. 261, § 6 recompiled and amended former 66-3-508 NMSA 1978, relating to altering or changing engine or other numbers, as 30-16D-6 NMSA 1978, effective July 1, 2009.
The 2009 amendment,
effective July 1, 2009, in Subsection A, added "number" and "decal"; changed "division" to "motor vehicle division of the taxation and revenue department"; after "vehicle engine", added "or component as defined by the Motor Vehicle Code"; in the last sentence, changed "provision is a felony" to "section is a fourth degree felony"; and in Subsection B, added "decals".
Laws 2009, ch. 253, § 6 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 261, § 6.
See
12-1-8 NMSA 1978.