SENATE BILL 264

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

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO EMBEZZLEMENT; ALLOWING A TWELVE-MONTH AGGREGATION OF INCIDENTS OF EMBEZZLEMENT TO DETERMINE PENALTY.

 

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

     SECTION 1. Section 30-16-8 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-7, as amended) is amended to read:

     "30-16-8. EMBEZZLEMENT.--

          A. Embezzlement consists of a person embezzling or converting to the person's own use anything of value, with which the person has been entrusted, with fraudulent intent to deprive the owner thereof.

          B. Whoever commits embezzlement when the value of the thing embezzled or converted is two hundred fifty dollars ($250) or less in any consecutive twelve-month period is guilty of a petty misdemeanor.

          C. Whoever commits embezzlement when the value of the thing embezzled or converted is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive twelve-month period is guilty of a misdemeanor.

          D. Whoever commits embezzlement when the value of the thing embezzled or converted is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive twelve-month period is guilty of a fourth degree felony.

          E. Whoever commits embezzlement when the value of the thing embezzled or converted is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any consecutive twelve-month period is guilty of a third degree felony.

          F. Whoever commits embezzlement when the value of the thing embezzled or converted exceeds twenty thousand dollars ($20,000) in any consecutive twelve-month period is guilty of a second degree felony."

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