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New Mexico Theft Laws
New Mexico Theft Laws

 

30-16-1. Larceny.

A.     Larceny consists of the stealing of anything of value that belongs to another.  

B.     Whoever commits larceny when the value of the property stolen is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.  

C.     Whoever commits larceny when the value of the property stolen is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.  

D.     Whoever commits larceny when the value of the property stolen is over five hundred dollars ($500) 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).

30-16-19. [Shoplifting;] definitions

As used in Sections 40A-16-19 through 40A-16-23 [40A-16-22] New Mexico Statutes Annotated, 1953 Compilation [30-16-19 to 30-16-23 NMSA 1978]:   

A.     "store" means a place where merchandise is sold or offered to the public for sale at retail;  

B.     "merchandise" means chattels of any type or description regardless of the value offered for sale in or about a store; and 

C.     "merchant" means any owner or proprietor of any store, or any agent, servant or employee of the owner or proprietor.  

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 is guilty of a petty misdemeanor;  

(2)     is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor;

(3)     is more than five hundred dollars ($500) 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.     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.

30-16-21. Civil liability of adult shoplifter; penalty.

Any person who has reached the age of majority and who has been convicted of shoplifting under Section 30-16-20 NMSA 1978, may be civilly liable for the retail value of the merchandise, punitive damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of the suit and reasonable attorney's fees. However, the merchant shall not be entitled to recover damages for the retail value of any recovered undamaged merchandise. 

 

Identity Theft      
State State Code Statute Title Statute, penalties and restitution

New Mexico

30-16-24.1

Theft of identity
Obtaining identity by electronic fraud
Restitution

Fourth degree felony
Fourth degree felony

A person found guilty of theft of identity or of obtaining identity by electronic fraud shall, in addition to any other punishment, be ordered to make restitution for any financial loss sustained by a person injured as the direct result of the offense. In addition to out-of-pocket costs, restitution may include payment for costs, including attorney fees, incurred by that person in clearing the person's credit history or credit rating or costs incurred in connection with a civil or administrative proceeding to satisfy a debt, lien, judgment or other obligation of that person arising as a result of the offense.

 

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Disclaimer
Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender SolutionsT shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!

 

 

 

 

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Last Updated: Thursday, January 6, 2011