30-16-16. Falsely obtaining services or accommodations; probable
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/nm/chapter-30-criminal-offenses/article-16-larceny/30-16-16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
cause; immunity; penalty.
A. Falsely obtaining services or accommodations consists of a person obtaining service, food, entertainment or accommodations without paying with the intent to cheat or defraud the owner or person supplying the service, food, entertainment or accommodations.
B. A law enforcement officer may arrest without warrant a person the officer has probable cause to believe has committed the crime of falsely obtaining services or accommodations. A merchant, owner or proprietor who causes such an arrest shall not be criminally or civilly liable if the merchant, owner or proprietor has actual knowledge that the person arrested has committed the crime of falsely obtaining services or accommodations.
C. Whoever commits falsely obtaining services or accommodations when the value of the service, food, entertainment or accommodations furnished is:
(1)less than two hundred fifty dollars ($250) is guilty of a petty misdemeanor;
(2)more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor;
(3)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)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; and
(5)more than twenty thousand dollars ($20,000) is guilty of a second degree felony.
History: 1953 Comp., § 40A-16-16, enacted by Laws 1963, ch. 303, § 16-16; 1981, ch. 254, § 1; 1987, ch. 121, § 6; 2006, ch. 29, § 8.