HOUSE BILL 69

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Mark Duncan and Harlan Vincent

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF ORGANIZED RESIDENTIAL THEFT; PRESCRIBING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] ORGANIZED RESIDENTIAL THEFT.--

          A. Organized residential theft consists of acting in concert with one or more persons for the purpose of stealing personal property from more than one residence or from a single residence on two or more occasions.

          B. Whoever commits organized residential theft is guilty of:

                (1) a fourth degree felony when the total retail value of the personal property stolen within a three- hundred-sixty-five-day period is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500);

                (2) a third degree felony when the total retail value of the personal property stolen within a three- hundred-sixty-five-day period is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000); and

                (3) a second degree felony when the total retail value of the personal property stolen within a three- hundred-sixty-five-day period is more than twenty thousand dollars ($20,000).

          C. A person charged with committing organized residential theft shall not be charged with a separate or additional offense arising from the same action or occurrence.

          D. As used in this section:

                (1) "personal property" means chattels of any type or description, including letters, packages or parcels distributed by mail or other methods of delivery; and

                (2) "residence" includes a dwelling, the curtilage of a dwelling and shared spaces in a multifamily dwelling."

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