SENATE BILL 207

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO CRIMINAL LAW; ALLOWING A SIX-MONTH AGGREGATION OF THE CRIMES OF RECEIVING STOLEN PROPERTY AND SHOPLIFTING IN DETERMINING THE PENALTY FOR THOSE CRIMES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-16-11 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-11, as amended) is amended to read:

     "30-16-11. RECEIVING STOLEN PROPERTY--PENALTIES.--

          A. Receiving stolen property means intentionally to receive, retain or dispose of stolen property knowing that it has been stolen or believing it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.

          B. The requisite knowledge or belief that property has been stolen is presumed in the case of a dealer who:

                (1) is found in possession or control of property stolen from two or more persons on separate occasions;

                (2) acquires stolen property for a consideration that the dealer knows is far below the property's reasonable value. A dealer shall be presumed to know the fair market value of the property in which the dealer deals; or

                (3) is found in possession or control of five or more items of property stolen within one year prior to the time of the incident charged pursuant to this section.

          C. For the purposes of this section:

                (1) "dealer" means a person in the business of buying or selling goods or commercial merchandise; and

                (2) "stolen property" means any property acquired by theft, larceny, fraud, embezzlement, robbery or armed robbery.

          D. Whoever commits receiving stolen property when the value of the property is two hundred fifty dollars ($250) or less in any consecutive six-month period is guilty of a petty misdemeanor.

          E. Whoever commits receiving stolen property when the value of the property is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period is guilty of a misdemeanor.

          F. Whoever commits receiving stolen property when the value of the property is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive six-month period is guilty of a fourth degree felony.

          G. Whoever commits receiving stolen property when the value of the property is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any consecutive six-month period is guilty of a third degree felony.

          H. Whoever commits receiving stolen property when the value of the property exceeds twenty thousand dollars ($20,000) in any consecutive six-month period is guilty of a second degree felony.

          I. Whoever commits receiving stolen property when the property is a firearm is guilty of a fourth degree felony when its value is less than two thousand five hundred dollars ($2,500)."

     SECTION 2. Section 30-16-20 NMSA 1978 (being Laws 1965, Chapter 5, Section 2, as amended) is amended to read:

     "30-16-20. SHOPLIFTING.--

          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 altering a label, price tag or marking upon merchandise with the intention of depriving the merchant of all or some part of the value of it; or

                (4) willfully transferring merchandise from the container in or on which it is displayed to another container with the intention of depriving the merchant of all or some part of the value of it.

          B. Whoever commits shoplifting when the value of the merchandise shoplifted:

                (1) is two hundred fifty dollars ($250) or less in any consecutive six-month period is guilty of a petty misdemeanor;

                (2) is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period is guilty of a misdemeanor;

                (3) is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive six-month period is guilty of a fourth degree felony;

                (4) 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 is guilty of a third degree felony; or

                (5) is more than twenty thousand dollars ($20,000) in any consecutive six-month period is guilty of a second degree felony.

          C. Except for the six-month aggregation provided in this section, an individual charged with a violation of this section shall not be charged with a separate or additional offense arising out of the same transaction."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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