It is a felony for any person to commit any of the following acts:
A. to alter with fraudulent intent any certificate of title, registration evidence, registration plate, validating sticker or permit issued by the division;
B. to forge or counterfeit any such document or plate purporting to have been issued by the division;
C. to alter or falsify with fraudulent intent or to forge any assignment upon a certificate of title; or
D. to hold or use any such document or plate, knowing the same to have been so altered, forged or falsified.
History: 1953 Comp., § 64-8-3, enacted by Laws 1978, ch. 35, § 501.
Cross references. — For the penalty for violation of any provision of the Motor Vehicle Code, see 66-8-7 NMSA 1978.
Jury instructions. — There is a "knowing" requirement in subsection (D) of this section. The essential elements of the crime defined are that the accused knew that the registration plate held or used by him had been altered, forged or falsified with fraudulent intent. A jury instruction should require the jury to find that defendant knew the registration plate had been "so" altered or altered with fraudulent intent. Ortiz v. State, 1988-NMSC-008, 106 N.M. 695, 749 P.2d 80.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 C.J.S. Motor Vehicles § 101; 61A C.J.S. Motor Vehicles § 588.
Structure New Mexico Statutes
Article 8 - Crimes, Penalties and Procedure
Part 1 - OFFENSES RELATING TO REGISTRATION
Section 66-8-1 - Fraudulent applications.
Section 66-8-1.1 - Fraud related to the issuance of documents by the department; penalties.
Section 66-8-2 - Improper use of evidences of registration.
Section 66-8-3 - False evidences of title and registration.
Section 66-8-3.1 - Motor vehicle brokering; exceptions.
Section 66-8-4 - Authority of division to suspend or revoke a registration.
Section 66-8-7 - Penalty for misdemeanor.
Section 66-8-8 - Sunday actions.
Section 66-8-9 - Penalty for felony.
Section 66-8-10 - Duplicate or replacement registration plate; citation; failure to comply.