Cheating 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.
Whoever commits cheating machine or device is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-16-13, enacted by Laws 1963, ch. 303, § 16-13.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Selection of charges. — Where defendant was alleged to have stolen $400 in quarters from a change machine by using a rigged bill, he was potentially subject to being charged with both larceny and the misdemeanor offense of cheating a machine or device, and the preemption rationale of the general-specific rule did not preclude prosecution under either or both of the statutes. State v. Davis, 2000-NMCA-105, 129 N.M. 773, 14 P.3d 38, cert. denied, 130 N.M. 17, 16 P.3d 442.
Structure 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.