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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. 

 

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