44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL SENTENCING; CLARIFYING CRIMINAL SENTENCING FOR THE OFFENSE OF FRAUDULENT USE OF A CREDIT CARD; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 30-16-33 NMSA 1978 (being Laws 1971, Chapter 239, Section 9) is amended to read:

"30-16-33. FRAUDULENT USE OF CREDIT CARDS.--

A. A person is guilty of a fourth degree felony if, with intent to defraud, he uses to obtain anything of value:

(1) a credit card obtained in violation of Sections [40A-16-24 through 40A-16-38 NMSA 1953; or] 30-16-25 through 30-16-38 NMSA 1978;

(2) a credit card [which] that is invalid, expired or revoked; [or]

(3) a credit card while fraudulently representing that he 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 without the consent of the person to whom the card has been issued.

B. If the value of all things of value obtained by any person from one or more merchants, an issuer or a participating party, in violation of this section exceeds three hundred dollars ($300) in any consecutive [six months] six-month period, [then] the [offense of the violator is] offender is guilty of a third degree felony for each separate incident of fraudulent use of a credit card."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.