44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO CRIMINAL SENTENCING; PROVIDING AN EQUITABLE SCHEDULE OF SENTENCING FOR CRIMINAL OFFENSES INVOLVING THEFT; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-16-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-1, as amended) is amended to read:
"30-16-1. LARCENY.--
A. Larceny consists of the stealing of anything of value which belongs to another.
B. Whoever commits larceny when the value of the property stolen is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits larceny when the value of the
property stolen is over one hundred dollars ($100) but not
more than [two hundred fifty dollars ($250)] one thousand
dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits larceny when the value of the
property stolen is over [two hundred fifty dollars ($250)] one
thousand dollars ($1,000) but not more than two thousand five
hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits larceny when the value of the property stolen 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.
F. Whoever commits larceny when the value of the property stolen is over twenty thousand dollars ($20,000) is guilty of a second degree felony.
G. Whoever commits larceny when the property of value stolen is livestock is guilty of a third degree felony regardless of its value.
H. Whoever commits larceny when the property of value stolen 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 30-16-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-6, as amended) is amended to read:
"30-16-6. FRAUD.--
A. Fraud consists of the intentional misappropriation or taking of anything of value which belongs to another by means of fraudulent conduct, practices or representations.
B. Whoever commits fraud when the value of the property misappropriated or taken is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits fraud when the value of the
property misappropriated or taken is over one hundred dollars
($100) but not more than [two hundred fifty dollars ($250)]
one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits fraud when the value of the
property misappropriated or taken is over [two hundred fifty
dollars ($250)] one thousand dollars $1,000 but not more than
[twenty-five] two thousand five hundred dollars ($2,500) is
guilty of a fourth degree felony.
[Whoever commits fraud when the property misappropriated
or taken is a firearm is guilty of a fourth degree felony.]
E. Whoever commits fraud when the value of the
property misappropriated or taken is over [twenty-five] two
thousand five hundred dollars ($2,500) but not more than
twenty thousand dollars ($20,000) is guilty of a third degree
felony.
F. Whoever commits fraud when the value of the property misappropriated or taken exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.
G. Whoever commits fraud when the property misappropriated or taken is a firearm is guilty of a fourth degree felony when its value is less than two thousand five hundred dollars ($2,500)."
Section 3. Section 30-16-7 NMSA 1978 (being Laws 1971, Chapter 282, Section 1, as amended) is amended to read:
"30-16-7. UNLAWFUL DEALING IN FEDERAL FOOD COUPONS OR WIC CHECKS.--
A. Unlawful dealing in federal food coupons or WIC
checks consists of a person buying, selling, trading,
bartering or possessing food coupons or WIC checks issued by
the United States department of agriculture with the intent to
obtain an economic benefit to which he is not entitled under
the rules and regulations of the human services department
pertaining to the food stamp program or of the [health and
environment] department of health pertaining to the special
supplemental food program for women, infants and children.
B. Whoever commits unlawful dealing in federal food coupons or WIC checks when the value of the food coupons or WIC checks involved is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits unlawful dealing in federal
food coupons or WIC checks when the value of the food coupons
or WIC checks involved is over one hundred dollars ($100) but
not more than [two hundred fifty dollars ($250)] one thousand
dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits unlawful dealing in federal
food coupons or WIC checks when the value of the food coupons
or WIC checks involved is over [two hundred fifty dollars
($250)] one thousand dollars ($1,000) but not more than
[twenty-five] two thousand five hundred dollars ($2,500) is
guilty of a fourth degree felony.
E. Whoever commits unlawful dealing in federal
food coupons or WIC checks when the value of the food coupons
or WIC checks involved is over [twenty-five] two thousand five
hundred dollars ($2,500) but not more than twenty thousand
dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits unlawful dealing in federal food coupons or WIC checks when the value of the food coupons or WIC checks involved exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony."
Section 4. 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 the embezzling or converting to his own use of anything of value, with which he has been entrusted, with fraudulent intent to deprive the owner thereof. Each separate incident of embezzlement or conversion constitutes a separate and distinct offense.
B. Whoever commits embezzlement when the value of the thing embezzled or converted is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits embezzlement when the value of
the thing embezzled or converted is over one hundred dollars
($100) but not more than [two hundred fifty dollars ($250)]
one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits embezzlement when the value of
the thing embezzled or converted is over [two hundred fifty
dollars ($250)] one thousand dollars ($1,000) but not more
than two thousand five hundred dollars ($2,500) 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) 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) is guilty of a second degree felony."
Section 5. 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 which 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 he 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 one hundred dollars ($100) or less is guilty of a petty misdemeanor.
E. Whoever commits receiving stolen property when
the value of the property is over one hundred dollars ($100)
but not more than [two hundred fifty dollars ($250)] one
thousand dollars ($1,000) is guilty of a misdemeanor.
F. Whoever commits receiving stolen property when
the value of the property is over [two hundred fifty dollars
($250)] one thousand dollars ($1,000) but not more than two
thousand five hundred dollars ($2,500) 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) 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) 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 6. Section 30-16-13 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-13) is amended to read:
"30-16-13. CHEATING A MACHINE OR DEVICE.--
A. Cheating a 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.
B. Whoever commits cheating a machine or device when the value of the property or service is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits cheating a machine or device when the value of the property or service is over one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits cheating a machine or device when the value of the property or service is over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits cheating a machine or device when the value of the property or service 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.
F. Whoever commits cheating a machine or device when the value of the property or service is over twenty thousand dollars ($20,000) is guilty of a second degree felony."
Section 7. Section 30-16-16 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-16, as amended) is amended to read:
"30-16-16. FALSELY OBTAINING SERVICES OR ACCOMMODATIONS--PROBABLE CAUSE--IMMUNITY--PENALTY.--
A. Falsely obtaining services or accommodations consists of any person obtaining service, food, entertainment or accommodations without paying with the intent to cheat or defraud the owner or person supplying such service, food, entertainment or accommodations.
B. Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the crime of falsely obtaining services or accommodations as defined in this section. Any merchant, owner or proprietor who causes such an arrest shall not be criminally or civilly liable if he has actual knowledge that the person so 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 one hundred dollars ($100) is guilty of a petty misdemeanor;
(2) more than one hundred dollars ($100) but
not more than [two hundred fifty dollars ($250)] one thousand
dollars ($1,000) is guilty of a misdemeanor;
(3) more than [two hundred fifty dollars
($250)] one thousand dollars ($1,000) 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."
Section 8. Section 30-16-20 NMSA 1978 (being Laws 1965, Chapter 5, Section 2, as amended) is amended to read:
"30-16-20. CRIME OF SHOPLIFTING CREATED.--
A. Shoplifting consists of any one or more of the following acts:
(1) willfully taking possession of any merchandise with the intention of converting it without paying for it;
(2) willfully concealing any merchandise with the intention of converting it without paying for it;
(3) willfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it; or
(4) willfully transferring any merchandise from the container in or on which it is displayed to any other 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 one hundred dollars ($100) or less is guilty of a petty misdemeanor;
(2) is more than one hundred dollars ($100)
but not more than [two hundred fifty dollars ($250)] one
thousand dollars ($1,000) is guilty of a misdemeanor;
(3) is more than [two hundred fifty dollars
($250)] one thousand dollars ($1,000) but not more than two
thousand five hundred dollars ($2,500) 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) is guilty of a third degree felony; or
(5) is more than twenty thousand dollars ($20,000) is guilty of a second degree felony.
C. Any 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 9. Section 30-16-33 NMSA 1978 (being Laws 1971, Chapter 239, Section 9) is amended to read:
"30-16-33. FRAUDULENT USE OF CREDIT CARDS.--
A. [A person is guilty of a fourth degree felony
if, with intent to defraud, he uses to obtain anything of
value] Fraudulent use of a credit card consists of a person
obtaining anything of value, with intent to defraud, by using:
(1) a credit card obtained in violation of
Sections [40A-16-24 through 40A-16-38 NMSA 1953; or] 30-16-25
through 30-16-38 NMSA 1978;
(2) a credit card which is invalid, expired
or revoked; [or]
(3) a credit card while fraudulently representing that he is the cardholder named on the credit card or an authorized agent or representative of the cardholder named on the credit card; or
(4) a credit card issued in the name of another without the consent of the person to whom the card has been issued.
[B. If the value of all things of value obtained
by any person from one or more merchants, an issuer or a
participating party, in violation of this section exceeds
three hundred dollars ($300) in any consecutive six months
period, then the offense of the violator is a third degree
felony.]
B. Whoever commits fraudulent use of a credit card when the value of the property or service is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits fraudulent use of a credit card when the value of the property or service is over one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits fraudulent use of a credit card when the value of the property or service is over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits fraudulent use of a credit card when the value of the property or service 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.
F. Whoever commits fraudulent use of a credit card when the value of the property or service is over twenty thousand dollars ($20,000) is guilty of a second degree felony."
Section 10. Section 30-16-36 NMSA 1978 (being Laws 1971, Chapter 239, Section 12) is amended to read:
"30-16-36. RECEIPT OF PROPERTY OBTAINED IN VIOLATION OF
ACT.--Any person who receives the money, goods, services or
anything else of value obtained in violation of Section
[40A-16-33 NMSA 1953] 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. if the value of all things of value obtained
from any person [or persons] in violation of this section is
one hundred dollars ($100) or less in any consecutive [six
months] six-month period, then the offense is a petty
misdemeanor;
B. if the value of all things of value obtained
from any person [or persons] in violation of this section is
more than one hundred dollars ($100) but [less than three
hundred dollars ($300) in any consecutive six months period,
then the offense is a fourth degree felony;
C. if the value of all things of value obtained
from any person or persons in violation of this section is
three hundred dollars ($300) or more in any consecutive six
months period, then the offense is a third degree felony] not
more than one thousand dollars ($1,000) in any consecutive
six-month period, then the offense is a misdemeanor;
C. if the value of all things of value obtained from any person in violation of this section is more than one thousand dollars ($1,000) 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. if the value of all things of value obtained from any 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. if the value of all things of value obtained from any 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."
Section 11. Section 30-16-39 NMSA 1978 (being Laws 1972, Chapter 23, Section 1, as amended) is amended to read:
"30-16-39. FRAUDULENT ACTS TO OBTAIN OR RETAIN POSSESSION OF RENTED OR LEASED VEHICLE OR OTHER PERSONAL PROPERTY--PENALTY.--Any 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 or personation, trick, artifice or device, including but not limited to a false representation as to his name, residence, employment or operator's license is guilty:
A. of a [fourth degree felony] petty misdemeanor
if the property [is a] or vehicle [or] has a value [in excess]
of one hundred dollars ($100) or less;
B. of a [petty] misdemeanor if the property [is
not a] or vehicle [and] has a value of over one hundred
dollars ($100) [or less] but not more than one thousand
dollars ($1,000);
C. of a fourth degree felony if the property or vehicle has a value of over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500);
D. of a 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. of a second degree felony if the property or vehicle has a value of over twenty thousand dollars ($20,000)."
Section 12. Section 30-16-40 NMSA 1978 (being Laws 1973, Chapter 154, Section 1, as amended) is amended to read:
"30-16-40. FRAUDULENT REFUSAL TO RETURN A LEASED VEHICLE OR OTHER PERSONAL PROPERTY--PENALTY--PRESUMPTION.--
A. Any person who, after leasing a vehicle or other personal property under a written agreement which provides for the return of the vehicle or personal property to a particular place at a particular time and who, with intent to defraud the lessor of the vehicle or personal property, fails to return the vehicle or personal property to the place within the time specified, is guilty of a:
[(1) of a petty misdemeanor if the property
is not a vehicle and has a value of one hundred dollars ($100)
or less;
(2) of a fourth degree felony if the property
is not a vehicle and has a value of more than one hundred
dollars ($100) but less than two thousand five hundred dollars
($2,500);
(3) of a fourth degree felony if the vehicle
has a value of less than two thousand five hundred dollars
($2,500); and
(4) of a third degree felony if the property
or vehicle has a value of two thousand five hundred dollars
($2,500) or more.]
(1) petty misdemeanor if the property or vehicle has a value of one hundred dollars ($100) or less;
(2) misdemeanor if the property or vehicle has a value of over one hundred dollars ($100) but not more than one thousand dollars ($1,000);
(3) fourth degree felony if the property or vehicle has a value of over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500);
(4) 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
(5) second degree felony if the property or vehicle has a value of over twenty thousand dollars ($20,000).
B. Failure of the lessee to return the vehicle or personal property to the place specified within seventy-two hours after mailing to him by certified mail at his address shown on the leasing agreement a written demand to return the vehicle or personal property shall raise a rebuttable presumption that the failure to return the vehicle or personal property was with intent to defraud."
Section 13. Section 30-36-5 NMSA 1978 (being Laws 1965, Chapter 114, Section 1) is amended to read:
"30-36-5. PENALTY.--Any person violating Section
[40-49-4 New Mexico Statutes Annotated, 1953 Compilation]
30-36-4 NMSA 1978 shall be punished as follows:
A. when the amount of the check, draft or order or
the total amount of the checks, drafts or orders [are for more
than one dollar ($1.00) but less than twenty-five dollars
($25.00), imprisonment in the county jail for a term of not
more than thirty days or a fine of not more than one hundred
dollars ($100), or both such imprisonment and fine] is one
hundred dollars ($100) or less, the person is guilty of a
petty misdemeanor;
B. when the amount of the check, draft or order or
the total amount of the checks, drafts or orders [are for
twenty-five dollars ($25.00) or more, imprisonment in the
penitentiary for a term of not less than one year nor more
than three years or the payment of a fine of not more than one
thousand dollars ($1,000) or both such imprisonment and fine]
is over one hundred dollars ($100) but not more than two
hundred fifty dollars ($250), the person is guilty of a
misdemeanor;
C. when the amount of the check, draft or order or the total amount of the checks, drafts or orders is over two hundred fifty dollars ($250) but not more than two thousand five hundred dollars ($2,500), the person is guilty of a fourth degree felony;
D. when the amount of the check, draft or order or the total amount of the checks, drafts or orders is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), the person is guilty of a third degree felony; and
E. when the amount of the check, draft or order or the total amount of the checks, drafts or orders is over twenty thousand dollars ($20,000), the person is guilty of a second degree felony."
Section 14. Section 30-50-4 NMSA 1978 (being Laws 1995, Chapter 37, Section 4) is amended to read:
"30-50-4. FRAUDULENT TELEMARKETING--PENALTIES.--Any person who knowingly and willfully engages in telemarketing to or from a telephone located in New Mexico with the intent to embezzle or to obtain money, property or any thing of value by fraudulent pretenses, representations or promises in the course of a telephone communication, when:
A. the money, property or thing has a value of
[less than two hundred fifty dollars ($250)] one hundred
dollars ($100) or less, is guilty of a petty misdemeanor and
shall be sentenced pursuant to the provisions of Section
31-19-1 NMSA 1978;
B. the money, property or thing has a value of
[two hundred fifty dollars ($250) or more but less than two
thousand five hundred dollars ($2,500)] more than one hundred
dollars ($100) but not more than one thousand dollars
($1,000), is guilty of a [fourth degree felony] misdemeanor
and shall be sentenced pursuant to the provisions of Section
[31-18-15] 31-19-1 NMSA 1978;
C. the money, property or thing has a value of
[two thousand five hundred dollars ($2,500) or more but less
than twenty thousand dollars ($20,000)] more than one thousand
dollars ($1,000) but not more than two thousand five hundred
dollars ($2,500), is guilty of a [third] fourth degree felony
and shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978; [or]
D. the money, property or thing has a value of 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 shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
[D.] E. the money, property or thing has a value
of twenty thousand dollars ($20,000) or more, is guilty of a
second degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978."
Section 15. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.