A person who receives money, goods, services or anything else of value obtained in violation of Section 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. when the value of all things of value obtained from a person in violation of this section is two hundred fifty dollars ($250) or less in any consecutive six-month period, then the offense is a petty misdemeanor;
B. when the value of all things of value obtained from a person in violation of this section is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period, then the offense is a misdemeanor;
C. when the value of all things of value obtained from a person in violation of this section is more than five hundred dollars ($500) 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. when the value of all things of value obtained from a 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. when the value of all things of value obtained from a 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.
History: 1953 Comp., § 40A-16-36, enacted by Laws 1971, ch. 239, § 12; 2006, ch. 29, § 13.
The 2006 amendment, effective July 1, 2006, changed the statutory references from the 1953 references to the NMSA 1978 references; increased the value of the property in Subsection A from $100 or less to $250 or less; increased the value of the property in Subsection B from more than $100 but less than $300 in a consecutive six-month period to more than $250 but less than $500 in a consecutive six-month period; replaced former Subsection C, which provided that if the value of things obtained exceeds $300 in a consecutive six-month period the offense was a third degree felony, with Subsections C through E.
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.