30-16-33. Fraudulent use of a credit card.
330 words·~2 min read·
/nm/chapter-30-criminal-offenses/article-16-larceny/30-16-33·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Fraudulent use of a credit card consists of a person obtaining anything of value, with intent to defraud, by using:
(1)a credit card obtained in violation of Sections 30-16-25 through 30-16-38 NMSA 1978;
(2)a credit card that is invalid, expired or revoked;
(3)a credit card while fraudulently representing that the person is the cardholder named on the credit card or an authorized agent or representative of the cardholder named on the credit card; or
(4)a credit card issued in the name of another person without the consent of the person to whom the card has been issued.
B. Whoever commits fraudulent use of a credit card when the value of the property or service obtained is two hundred fifty dollars ($250) or less in any consecutive six- month period is guilty of a petty misdemeanor.
C. Whoever commits fraudulent use of a credit card when the value of the property or service obtained is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period is guilty of a misdemeanor.
D. Whoever commits fraudulent use of a credit card when the value of the property or service obtained is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive six-month period is guilty of a fourth degree felony.
E. Whoever commits fraudulent use of a credit card when the value of the property or service obtained is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any consecutive six-month period is guilty of a third degree felony.
F. Whoever commits fraudulent use of a credit card when the value of the property or service obtained is over twenty thousand dollars ($20,000) in any consecutive six- month period is guilty of a second degree felony.
History: 1953 Comp., § 40A-16-33, enacted by Laws 1971, ch. 239, § 9; 2006, ch. 29, § 11.