HOUSE BILL 397

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Mark Duncan and William "Bill" R. Rehm and Marian Matthews and Tanya Mirabal Moya and Harlan Vincent

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF ORGANIZED RESIDENTIAL THEFT; IMPOSING PENALTIES.

 

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

     SECTION 1. A new section of Chapter 30, Article 16 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ORGANIZED RESIDENTIAL THEFT--PENALTIES.--

          A. Organized residential theft consists of a coordinated plan to deprive one or more recipients of merchandise on two or more occasions or deprive multiple recipients located in the state of merchandise distributed by mail or other method of delivery over the span of one year.

          B. Whoever commits organized residential theft when the aggregate value of the merchandise taken is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          C. Whoever commits organized residential theft when the aggregate value of the merchandise taken is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          D. Whoever commits organized residential theft when the aggregate value of the merchandise taken is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

          E. 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.

          F. As used in this section:

                (1) "aggregate value" means the total retail value of merchandise taken from any recipient over the span of one calendar year;

                (2) "coordinated" means knowingly combining with another for the purpose of committing theft;

                (3) "organized" means a coordinated plan to deprive one or more recipients of merchandise on two or more occasions or to deprive multiple recipients located in the state of merchandise; and

                (4) "recipient" means a person or business that receives merchandise distributed by mail or other method of delivery to an address belonging to the person or business."

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