Any person, other than a cardholder, or a person authorized by him, who, with intent to defraud, signs the name of another, or of a fictitious person, to a credit card or to a sales slip or agreement is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-16-32, enacted by Laws 1971, ch. 239, § 8.
Due process. — The phrase "signs the name of another" does not render this section unconstitutionally vague. State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Equal protection. — This section does not deprive a defendant of equal protection of the law. State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Contention that this section denies equal protection to those who sign the name of another to a credit card, sales slip or agreement because the class of people who use the credit card of another with the same name as theirs, and sign that name, which is both theirs and the cardholder's, are exempt from prosecution, was without merit. State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
This section is directed to prevention of fraud in connection with credit cards, sales slips or agreements and applies when a person with the requisite intent signs a name other than his own or the name of a fictitious person. State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
"Another" means "other than oneself." State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Each use separate offense. — This section punishes each fraudulent signature. This indicates that the legislature intended to punish each use of a credit card under 30-16-33 NMSA 1978, not the continuing possession and usage of one card. State v. Salazar, 1982-NMCA-077, 98 N.M. 70, 644 P.2d 1059.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Successful negotiation of commercial transaction as element of state offense of credit card fraud or false pretense in use of credit card, 106 A.L.R.5th 701.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 30-16-4 - Aggravated burglary.
Section 30-16-5 - Possession of burglary tools.
Section 30-16-7 - Unlawful dealing in federal food coupons or WIC checks.
Section 30-16-8 - Embezzlement.
Section 30-16-11 - Receiving stolen property; penalties.
Section 30-16-12 - Falsely representing oneself as incapacitated.
Section 30-16-13 - Cheating machine or device.
Section 30-16-14 - Failing to label secondhand watches.
Section 30-16-15 - Coercing the purchase of insurance from particular broker.
Section 30-16-16 - Falsely obtaining services or accommodations; probable cause; immunity; penalty.
Section 30-16-17 - Unlawful removal of effects.
Section 30-16-18 - Improper sale, disposal, removal or concealing of encumbered property.
Section 30-16-19 - [Shoplifting;] definitions.
Section 30-16-20 - Shoplifting.
Section 30-16-21 - Civil liability of adult shoplifter; penalty.
Section 30-16-22 - Presumptions created.
Section 30-16-23 - Reasonable detention.
Section 30-16-24.1 - Theft of identity; obtaining identity by electronic fraud.
Section 30-16-25 - Credit cards; definitions.
Section 30-16-26 - Theft of a credit card by taking or retaining possession of card taken.
Section 30-16-27 - Possession of a credit card stolen, lost, mislaid or delivered by mistake.
Section 30-16-28 - Fraudulent transfer or receipt of a credit card.
Section 30-16-29 - Fraudulent taking, receiving or transferring credit cards.
Section 30-16-30 - Dealing in credit cards of another.
Section 30-16-31 - Forgery of a credit card.
Section 30-16-32 - Fraudulent signing of credit cards or sales slips or agreements.
Section 30-16-33 - Fraudulent use of a credit card.
Section 30-16-34 - Fraudulent acts by merchants or their employees.
Section 30-16-35 - Possession of incomplete credit cards or machinery, plates or other contrivance.
Section 30-16-36 - Receipt of property obtained in violation of act.
Section 30-16-37 - Obtaining fraudulently acquired transportation ticket at a discount.
Section 30-16-38 - Applicability of other laws.
Section 30-16-46 - Legislative finding.