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AN ACT

RELATING TO CRIMINAL SENTENCING; PROVIDING AN EQUITABLE

SCHEDULE OF SENTENCING FOR CERTAIN OFFENSES; AMENDING SECTIONS

OF THE NMSA 1978.

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

Section 1. Section 7-1-73 NMSA 1978 (being Laws 1965,

Chapter 248, Section 74, as amended) is amended to read:

"7-1-73. TAX FRAUD.--

A. A person is guilty of tax fraud if the person:

(1) willfully makes and subscribes any

return, statement or other document that contains or is

verified by a written declaration that it is true and correct

as to every material matter and that the person does not

believe it to be true and correct as to every material matter;

(2) willfully assists in, willfully

procures, willfully advises or willfully provides counsel

regarding the preparation or presentation of a return,

affidavit, claim or other document pursuant to or in

connection with any matter arising under the Tax

Administration Act or a tax administered by the department,

knowing that it is fraudulent or knowing that it is false as

to a material matter, whether or not that fraud or falsity is

with knowledge or consent of:

(a) the taxpayer or other person liable

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for taxes owed on the return; or

(b) a person who signs a document

stating that the return, affidavit, claim or other document is

true, correct and complete to the best of that person's

knowledge;

(3) files any return electronically, knowing

the information in the return is not true and correct as to

every material matter; or

(4) with intent to evade or defeat the

payment or collection of any tax, or, knowing that the

probable consequences of the person's act will be to evade or

defeat the payment or collection of any tax, removes, conceals

or releases any property on which levy is authorized or that

is liable for payment of tax under the provisions of Section

7-1-61 NMSA 1978, or aids in accomplishing or causes the

accomplishment of any of the foregoing.

B. Whoever commits tax fraud when the amount of

the tax owed is two hundred fifty dollars ($250) or less is

guilty of a petty misdemeanor and shall be sentenced pursuant

to the provisions of Section 31-19-1 NMSA 1978.

C. Whoever commits tax fraud when the amount of

the tax owed is over two hundred fifty dollars ($250) but not

more than five hundred dollars ($500) is guilty of a

misdemeanor and shall be sentenced pursuant to the provisions

of Section 31-19-1 NMSA 1978.

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D. Whoever commits tax fraud when the amount of

the tax owed is over five hundred dollars ($500) but not more

than two thousand five hundred dollars ($2,500) is guilty of a

fourth degree felony and shall be sentenced pursuant to the

provisions of Section 31-18-15 NMSA 1978.

E. Whoever commits tax fraud when the amount of

the tax owed 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 and shall be sentenced

pursuant to the provisions of Section 31-18-15 NMSA 1978.

F. Whoever commits tax fraud when the amount of

the tax owed is over twenty thousand dollars ($20,000) is

guilty of a second degree felony and shall be sentenced

pursuant to the provisions of Section 31-18-15 NMSA 1978.

G. In addition to the fines imposed pursuant to

this section, a person who commits tax fraud shall pay the

costs of the prosecution of the person's case.

H. As used in this section:

(1) "tax" does not include civil penalties

or interest; and

(2) "willfully" means intentionally,

deliberately or purposely, but not necessarily maliciously."

Section 2. Section 30-16-1 NMSA 1978 (being Laws 1963,

Chapter 303, Section 16-1, as amended) is amended to read:

"30-16-1. LARCENY.--

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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

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when its value is less than two thousand five hundred dollars

($2,500)."

Section 3. Section 30-16-6 NMSA 1978 (being Laws 1963,

Chapter 303, Section 16-6, as amended) is amended to read:

"30-16-6. FRAUD.--

A. Fraud consists of the intentional

misappropriation or taking of anything of value that belongs

to another by means of fraudulent conduct, practices or

representations.

B. Whoever commits fraud when the value of the

property misappropriated or taken is two hundred fifty dollars

($250) or less is guilty of a petty misdemeanor.

C. Whoever commits fraud when the value of the

property misappropriated or taken is over two hundred fifty

dollars ($250) but not more than five hundred dollars ($500)

is guilty of a misdemeanor.

D. Whoever commits fraud when the value of the

property misappropriated or taken 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 fraud when the value of the

property misappropriated or taken 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 fraud when the value of the

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property misappropriated or taken exceeds twenty thousand

dollars ($20,000) is guilty of a second degree felony.

G. Whoever commits fraud when the property

misappropriated or taken is a firearm that is valued at less

than two thousand five hundred dollars ($2,500) is guilty of a

fourth degree felony."

Section 4. Section 30-16-7 NMSA 1978 (being Laws 1971,

Chapter 282, Section 1, as amended) is amended to read:

"30-16-7. UNLAWFUL DEALING IN FEDERAL FOOD COUPONS OR

WIC CHECKS.--

A. Unlawful dealing in federal food coupons or WIC

checks consists of a person buying, selling, trading,

bartering or possessing food coupons or WIC checks issued by

the United States department of agriculture with the intent to

obtain an economic benefit to which the person is not entitled

under the rules of the human services department pertaining to

the food stamp program or of the department of health

pertaining to the special supplemental food program for women,

infants and children.

B. Whoever commits unlawful dealing in federal

food coupons or WIC checks when the value of the food coupons

or WIC checks involved is two hundred fifty dollars ($250) or

less is guilty of a petty misdemeanor.

C. Whoever commits unlawful dealing in federal

food coupons or WIC checks when the value of the food coupons

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or WIC checks involved is over two hundred fifty dollars

($250) but not more than five hundred dollars ($500) is guilty

of a misdemeanor.

D. Whoever commits unlawful dealing in federal

food coupons or WIC checks when the value of the food coupons

or WIC checks involved 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 unlawful dealing in federal

food coupons or WIC checks when the value of the food coupons

or WIC checks involved 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 unlawful dealing in federal

food coupons or WIC checks when the value of the food coupons

or WIC checks involved exceeds twenty thousand dollars

($20,000) is guilty of a second degree felony.

G. For the purposes of this section, "federal food

coupons or WIC checks" includes electronic benefit transfer

cards or any other method through which food stamps or WIC

benefits may be obtained."

Section 5. Section 30-16-8 NMSA 1978 (being Laws 1963,

Chapter 303, Section 16-7, as amended) is amended to read:

"30-16-8. EMBEZZLEMENT.--

A. Embezzlement consists of a person embezzling or

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converting to the person's own use anything of value, with

which the person has been entrusted, with fraudulent intent to

deprive the owner thereof. Each separate incident of

embezzlement or conversion constitutes a separate and distinct

offense.

B. Whoever commits embezzlement when the value of

the thing embezzled or converted is two hundred fifty dollars

($250) or less is guilty of a petty misdemeanor.

C. Whoever commits embezzlement when the value of

the thing embezzled or converted is over two hundred fifty

dollars ($250) but not more than five hundred dollars ($500)

is guilty of a misdemeanor.

D. Whoever commits embezzlement when the value of

the thing embezzled or converted 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 embezzlement when the value of

the thing embezzled or converted 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 embezzlement when the value of

the thing embezzled or converted exceeds twenty thousand

dollars ($20,000) is guilty of a second degree felony."

Section 6. Section 30-16-10 NMSA 1978 (being Laws 1963,

Chapter 303, Section 16-9) is amended to read:

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"30-16-10. FORGERY.--

A. Forgery consists of:

(1) falsely making or altering any signature

to, or any part of, any writing purporting to have any legal

efficacy with intent to injure or defraud; or

(2) knowingly issuing or transferring a

forged writing with intent to injure or defraud.

B. Whoever commits forgery when there is no

quantifiable damage or when the damage is two thousand five

hundred dollars ($2,500) or less is guilty of a fourth degree

felony.

C. Whoever commits forgery when the damage 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.

D. Regardless of value, whoever commits forgery of

a will, codicil, trust instrument, deed, mortgage, lien or any

other instrument affecting title to real property is guilty of

a third degree felony.

E. Whoever commits forgery when the damage is over

twenty thousand dollars ($20,000) is guilty of a second degree

felony."

Section 7. Section 30-16-11 NMSA 1978 (being Laws 1963,

Chapter 303, Section 16-11, as amended) is amended to read:

"30-16-11. RECEIVING STOLEN PROPERTY--PENALTIES.--

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A. Receiving stolen property means intentionally

to receive, retain or dispose of stolen property knowing that

it has been stolen or believing it has been stolen, unless the

property is received, retained or disposed of with intent to

restore it to the owner.

B. The requisite knowledge or belief that property

has been stolen is presumed in the case of a dealer who:

(1) is found in possession or control of

property stolen from two or more persons on separate

occasions;

(2) acquires stolen property for a

consideration that the dealer knows is far below the

property's reasonable value. A dealer shall be presumed to

know the fair market value of the property in which the dealer

deals; or

(3) is found in possession or control of

five or more items of property stolen within one year prior to

the time of the incident charged pursuant to this section.

C. For the purposes of this section:

(1) "dealer" means a person in the business

of buying or selling goods or commercial merchandise; and

(2) "stolen property" means any property

acquired by theft, larceny, fraud, embezzlement, robbery or

armed robbery.

D. Whoever commits receiving stolen property when

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the value of the property is two hundred fifty dollars ($250)

or less is guilty of a petty misdemeanor.

E. Whoever commits receiving stolen property when

the value of the property is over two hundred fifty dollars

($250) but not more than five hundred dollars ($500) is guilty

of a misdemeanor.

F. Whoever commits receiving stolen property when

the value of the property is over five hundred dollars ($500)

but not more than two thousand five hundred dollars ($2,500)

is guilty of a fourth degree felony.

G. Whoever commits receiving stolen property when

the value of the property 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.

H. Whoever commits receiving stolen property when

the value of the property exceeds twenty thousand dollars

($20,000) is guilty of a second degree felony.

I. Whoever commits receiving stolen property when

the property is a firearm is guilty of a fourth degree felony

when its value is less than two thousand five hundred dollars

($2,500)."

Section 8. Section 30-16-16 NMSA 1978 (being Laws 1963,

Chapter 303, Section 16-16, as amended) is amended to read:

"30-16-16. FALSELY OBTAINING SERVICES OR

ACCOMMODATIONS--PROBABLE CAUSE--IMMUNITY--PENALTY.--

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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

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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."

Section 9. Section 30-16-18 NMSA 1978 (being Laws 1963,

Chapter 303, Section 16-18, as amended) is amended to read:

"30-16-18. IMPROPER SALE, DISPOSAL, REMOVAL OR

CONCEALING OF ENCUMBERED PROPERTY.--

A. Improper sale, disposal, removal or concealing

of encumbered property consists of a person knowingly, and

with intent to defraud, selling, transferring, removing or

concealing, or in any manner disposing of, any personal

property upon which a security interest, chattel mortgage or

other lien or encumbrance has attached or been retained,

without the written consent of the holder of the security

interest, chattel mortgage, conditional sales contract, lien

or encumbrance.

B. A broker, dealer or an agent, buyer or seller

who receives any remuneration whatsoever for transfer of

equity or arranges the assumption of any loan on a mobile home

or recreational vehicle that has a lien filed upon the vehicle

with the motor vehicle division of the taxation and revenue

department shall obtain written consent from the lien holder

approving transferee's assumption of transferor's obligation

to the lien holder within ten days of the transaction before

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the transaction is entered into, provided that the lien

holder's written consent shall not unreasonably be withheld.

Failure to do so constitutes an improper sale, disposal,

removal or concealing of encumbered property, which is

punishable as a petty misdemeanor.

C. Whoever commits improper sale, disposal,

removal or concealing of encumbered property when the value of

the property is two hundred fifty dollars ($250) or less is

guilty of a petty misdemeanor.

D. Whoever commits improper sale, disposal,

removal or concealing of encumbered property when the value of

the property is over two hundred fifty dollars ($250) but not

more than five hundred dollars ($500) is guilty of a

misdemeanor.

E. Whoever commits improper sale, disposal,

removal or concealing of encumbered property when the value of

the property is over five hundred dollars ($500) but not more

than two thousand five hundred dollars ($2,500) is guilty of a

fourth degree felony.

F. Whoever commits improper sale, disposal,

removal or concealing of encumbered property when the value of

the property 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.

G. Whoever commits improper sale, disposal,

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removal or concealing of encumbered property when the value of

the property exceeds twenty thousand dollars ($20,000) is

guilty of a second degree felony."

Section 10. Section 30-16-20 NMSA 1978 (being Laws

1965, Chapter 5, Section 2, as amended) is amended to read:

"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

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($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."

Section 11. Section 30-16-33 NMSA 1978 (being Laws

1971, Chapter 239, Section 9) is amended to read:

"30-16-33. FRAUDULENT USE OF A CREDIT CARD.--

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

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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

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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."

Section 12. Section 30-16-34 NMSA 1978 (being Laws

1971, Chapter 239, Section 10) is amended to read:

"30-16-34. FRAUDULENT ACTS BY MERCHANTS OR THEIR

EMPLOYEES.--

A. A merchant or the employee of a merchant

commits fraud if, with intent to defraud, the merchant or

employee furnishes or allows to be furnished anything of value

upon presentation of a credit card:

(1) obtained or retained in violation of

Sections 30-16-25 through 30-16-38 NMSA 1978;

(2) fraudulently made or embossed;

(3) fraudulently signed;

(4) that the merchant or employee knows is

invalid, expired or revoked; or

(5) by a person whom the merchant or

employee knows is not the cardholder named on the credit card

or an authorized agent or representative of the cardholder

named on the credit card.

B. When the value of anything furnished by a

merchant, or by an employee of a merchant, in violation of

this section:

(1) is two hundred fifty dollars ($250) or

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less in any consecutive six-month period, the offense is a

petty misdemeanor;

(2) is more than two hundred fifty dollars

($250) but not more than five hundred dollars ($500) in any

consecutive six-month period, the offense is a misdemeanor;

(3) is more than five hundred dollars ($500)

but not more than two thousand five hundred dollars ($2,500)

in any consecutive six-month period, the offense is a fourth

degree felony;

(4) is more than two thousand five hundred

dollars ($2,500) but not more than twenty thousand dollars

($20,000) in any consecutive six-month period, the offense is

a third degree felony; or

(5) is more than twenty thousand dollars

($20,000) in any consecutive six-month period, the offense is

a second degree felony.

C. A merchant or the employee of a merchant

commits fraud if, with intent to defraud, the merchant or

employee fails to furnish anything of value that the merchant

or employee represents in writing to the issuer or to a

participating party that the merchant or employee has

furnished on a credit card or cards of the issuer. When the

difference between the value of anything actually furnished to

a person and the value represented by the merchant to the

issuer or participating party:

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(1) is two hundred fifty dollars ($250) or

less in any consecutive six-month period, the offense is a

petty misdemeanor;

(2) is more than two hundred fifty dollars

($250) but not more than five hundred dollars ($500) in any

consecutive six-month period, the offense is a misdemeanor;

(3) is more than five hundred dollars ($500)

but not more than two thousand five hundred dollars ($2,500)

in any consecutive six-month period, the offense is a fourth

degree felony;

(4) is more than two thousand five hundred

dollars ($2,500) but not more than twenty thousand dollars

($20,000) in any consecutive six-month period, the offense is

a third degree felony; or

(5) is more than twenty thousand dollars

($20,000) in any consecutive six-month period, the offense is

a second degree felony."

Section 13. Section 30-16-36 NMSA 1978 (being Laws

1971, Chapter 239, Section 12) is amended to read:

"30-16-36. RECEIPT OF PROPERTY OBTAINED IN VIOLATION OF

ACT.--A person who receives money, goods, services or anything

else of value obtained in violation of Section 30-16-33 NMSA

1978, and who knows or has reason to believe that it was so

obtained, violates this section. The degree of the offense is

determined as follows:

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A. when the value of all things of value obtained

from a person in violation of this section is two hundred

fifty dollars ($250) or less in any consecutive six-month

period, then the offense is a petty misdemeanor;

B. when the value of all things of value obtained

from a person in violation of this section is more than two

hundred fifty dollars ($250) but not more than five hundred

dollars ($500) in any consecutive six-month period, then the

offense is a misdemeanor;

C. when the value of all things of value obtained

from a person in violation of this section is more than five

hundred dollars ($500) but not more than two thousand five

hundred dollars ($2,500) in any consecutive six-month period,

then the offense is a fourth degree felony;

D. when the value of all things of value obtained

from a person in violation of this section is more than two

thousand five hundred dollars ($2,500) but not more than

twenty thousand dollars ($20,000) in any consecutive six-month

period, then the offense is a third degree felony; or

E. when the value of all things of value obtained

from a person in violation of this section is more than twenty

thousand dollars ($20,000) in any consecutive six-month

period, then the offense is a second degree felony."

Section 14. Section 30-16-39 NMSA 1978 (being Laws

1972, Chapter 23, Section 1, as amended) is amended to read:

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"30-16-39. FRAUDULENT ACTS TO OBTAIN OR RETAIN

POSSESSION OF RENTED OR LEASED VEHICLE OR OTHER PERSONAL

PROPERTY--PENALTY.--A person who rents or leases a vehicle or

other personal property and obtains or retains possession of

it by means of any false or fraudulent representation,

fraudulent concealment, false pretense, trick, artifice or

device, including a false representation as to the person's

name, residence, employment or operator's license, is guilty

of a:

A. petty misdemeanor if the vehicle or property

has a value of two hundred fifty dollars ($250) or less;

B. misdemeanor if the vehicle or property has a

value of over two hundred fifty dollars ($250) but not more

than five hundred dollars ($500);

C. fourth degree felony if the property or vehicle

has a value of over five hundred dollars ($500) but not more

than two thousand five hundred dollars ($2,500);

D. third degree felony if the property or vehicle

has a value of over two thousand five hundred dollars ($2,500)

but not more than twenty thousand dollars ($20,000); and

E. second degree felony if the property or vehicle

has a value of over twenty thousand dollars ($20,000)."

Section 15. Section 30-16-40 NMSA 1978 (being Laws

1973, Chapter 154, Section 1, as amended) is amended to read:

"30-16-40. FRAUDULENT REFUSAL TO RETURN A LEASED

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VEHICLE OR OTHER PERSONAL PROPERTY--PENALTY--PRESUMPTION.--

A. A person who, after leasing a vehicle or other

personal property under a written agreement that provides for

the return of the vehicle or personal property to a particular

place at a particular time and who, with intent to defraud the

lessor of the vehicle or personal property, fails to return

the vehicle or personal property to the place within the time

specified, is guilty of a:

(1) petty misdemeanor if the property or

vehicle has a value of two hundred fifty dollars ($250) or

less;

(2) misdemeanor if the property or vehicle

has a value of over two hundred fifty dollars ($250) but not

more than five hundred dollars ($500);

(3) fourth degree felony if the property or

vehicle has a value of over five hundred dollars ($500) but

not more than two thousand five hundred dollars ($2,500);

(4) third degree felony if the property or

vehicle has a value of over two thousand five hundred dollars

($2,500) but not more than twenty thousand dollars ($20,000);

and

(5) second degree felony if the property or

vehicle has a value of over twenty thousand dollars ($20,000).

B. Failure of the lessee to return the vehicle or

personal property to the place specified within seventy-two

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hours after mailing to the lessee by certified mail at the

lessee's address shown on the leasing agreement a written

demand to return the vehicle or personal property shall raise

a rebuttable presumption that the failure to return the

vehicle or personal property was with intent to defraud."

Section 16. Section 30-17-5 NMSA 1978 (being Laws 1970,

Chapter 39, Section 1) is amended to read:

"30-17-5. ARSON AND NEGLIGENT ARSON.--

A. Arson consists of a person maliciously or

willfully starting a fire or causing an explosion with the

purpose of destroying or damaging:

(1) a building, occupied structure or

property of another person;

(2) a bridge, utility line, fence or sign;

or

(3) any property, whether the person's own

property or the property of another person, to collect

insurance for the loss.

B. Whoever commits arson when the damage is two

hundred fifty dollars ($250) or less is guilty of a petty

misdemeanor.

C. Whoever commits arson when the damage is over

two hundred fifty dollars ($250) but not more than five

hundred dollars ($500) is guilty of a misdemeanor.

D. Whoever commits arson when the damage is over

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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 arson when the damage 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 arson when the damage is over

twenty thousand dollars ($20,000) is guilty of a second degree

felony.

G. Negligent arson consists of a person recklessly

starting a fire or causing an explosion, whether on the

person's property or the property of another person, and

thereby directly:

(1) causing the death or bodily injury of

another person; or

(2) damaging or destroying a building or

occupied structure of another person.

H. Whoever commits negligent arson is guilty of a

fourth degree felony.

I. As used in this section, "occupied structure"

includes a boat, trailer, car, airplane, structure or place

adapted for the transportation or storage of property, for

overnight accommodations of persons or for carrying on

business therein, whether or not a person is actually

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present."

Section 17. Section 30-33-13 NMSA 1978 (being Laws

1963, Chapter 49, Section 2, as amended) is amended to read:

"30-33-13. CRIME TO PROCURE OR TO ATTEMPT TO PROCURE

TELECOMMUNICATIONS SERVICE WITHOUT PAYING CHARGE--CRIME TO

MAKE, POSSESS, SELL, GIVE OR TRANSFER CERTAIN DEVICES FOR

CERTAIN PURPOSES--PENALTY.--

A. It is unlawful for a person, with intent to

defraud a person, firm or corporation, to obtain or to attempt

to obtain any telecommunications service without paying the

lawful charge, in whole or in part, by any of the following

means:

(1) charging the service to an existing

telephone number or credit card number without the authority

of the subscriber or the legitimate holder;

(2) charging the service to a nonexistent,

false, fictitious or counterfeit telephone number or credit

card number or to a suspended, terminated, expired, canceled

or revoked telephone number or credit card number;

(3) rearranging, tampering with or making

electrical, acoustical, induction or other connection with any

facilities or equipment;

(4) using a code, prearranged scheme or

other strategem or device whereby the person in effect sends

or receives information; or

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(5) using any other contrivance, device or

means to avoid payment of the lawful charges, in whole or in

part, for the service.

B. This section shall apply when the

telecommunications service either originates or terminates, or

both, in this state or when charges for the service would have

been billable in normal course by the public utility providing

the service in this state but for the fact that the service

was obtained or attempted to be obtained by one or more of the

means set forth in this section.

C. Whoever violates this section when the charges

for the telecommunications service obtained or attempted to be

obtained are two hundred fifty dollars ($250) or less is

guilty of a petty misdemeanor.

D. Whoever violates this section when the charges

for the telecommunications service obtained or attempted to be

obtained are more than two hundred fifty dollars ($250) but

not more than five hundred dollars ($500) is guilty of a

misdemeanor.

E. Whoever violates this section when the charges

for the telecommunications service obtained or attempted to be

obtained are more than five hundred dollars ($500) but not

more than two thousand five hundred dollars ($2,500) is guilty

of fourth degree felony.

F. Whoever violates this section when the charges

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for the telecommunications service obtained or attempted to be

obtained are 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.

G. Whoever violates this section when the charges

for the telecommunications service obtained or attempted to be

obtained exceed twenty thousand dollars ($20,000) is guilty of

a second degree felony.

H. It is unlawful for a person under circumstances

evidencing an intent to use or employ any instrument,

apparatus, equipment or device described in Paragraph (1) of

this subsection or to allow the same to be used or employed

for the purpose described in Paragraph (1) of this subsection

or knowing or having reason to believe that the same is

intended to be so used or that the plans and instructions

described in Paragraph (2) of this subsection are intended to

be used for making or assembling the instrument, apparatus,

equipment or device:

(1) to make or possess any instrument,

apparatus, equipment or device designed, adapted or that can

be used either:

(a) to obtain telecommunications

service in violation of this section; or

(b) to conceal or to assist another to

conceal from any supplier of telecommunications service or

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from any lawful authority the existence or place of origin or

of destination of any telecommunications service; or

(2) to sell, give or otherwise transfer to

another or to offer or advertise for sale any instrument,

apparatus, equipment or device described in Paragraph (1) of

this subsection or plans or instructions for making or

assembling the same.

I. Whoever violates Subsection H of this section

is guilty of a misdemeanor, unless the person has previously

been convicted of the crime or of an offense under the laws of

another state or of the United States that would have been an

offense under Subsection H of this section if committed in

this state, in which case the person is guilty of a fourth

degree felony."

Section 18. Section 30-40-1 NMSA 1978 (being Laws 1979,

Chapter 170, Section 1, as amended) is amended to read:

"30-40-1. FAILING TO DISCLOSE FACTS OR CHANGE OF

CIRCUMSTANCES TO OBTAIN PUBLIC ASSISTANCE.--

A. Failing to disclose facts or change of

circumstances to obtain public assistance consists of a person

knowingly failing to disclose a material fact known to be

necessary to determine eligibility for public assistance or

knowingly failing to disclose a change in circumstances for

the purpose of obtaining or continuing to receive public

assistance to which the person is not entitled or in amounts

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greater than that to which the person is entitled.

B. Whoever commits failing to disclose facts or

change of circumstances to obtain public assistance when the

value of the assistance wrongfully received is two hundred

fifty dollars ($250) or less in any twelve consecutive months

is guilty of a petty misdemeanor.

C. Whoever commits failing to disclose facts or

change of circumstances to obtain public assistance when the

value of the assistance wrongfully received is more than two

hundred fifty dollars ($250) but not more than five hundred

dollars ($500) in any twelve consecutive months is guilty of a

misdemeanor.

D. Whoever commits failing to disclose facts or

change of circumstances to obtain public assistance when the

value of the assistance wrongfully received is more than five

hundred dollars ($500) but not more than two thousand five

hundred dollars ($2,500) in any twelve consecutive months is

guilty of a fourth degree felony.

E. Whoever commits failing to disclose facts or

change of circumstances to obtain public assistance when the

value of the assistance wrongfully received is more than two

thousand five hundred dollars ($2,500) but not more than

twenty thousand dollars ($20,000) in any twelve consecutive

months is guilty of a third degree felony.

F. Whoever commits failing to disclose facts or

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change of circumstances to obtain public assistance when the

value of the assistance wrongfully received exceeds twenty

thousand dollars ($20,000) in any twelve consecutive months is

guilty of a second degree felony."

Section 19. Section 30-40-2 NMSA 1978 (being Laws 1979,

Chapter 170, Section 2, as amended) is amended to read:

"30-40-2. UNLAWFUL USE OF FOOD STAMP IDENTIFICATION

CARD OR MEDICAL IDENTIFICATION CARD.--

A. Unlawful use of food stamp identification card

or medical identification card consists of the use of a food

stamp or medical identification card by a person to whom it

has not been issued, or who is not an authorized

representative of the person to whom it has been issued, for a

food stamp allotment.

B. Whoever commits unlawful use of food stamp

identification card or medical identification card when the

value of the food stamps or medical services wrongfully

received is two hundred fifty dollars ($250) or less is guilty

of a petty misdemeanor.

C. Whoever commits unlawful use of food stamp

identification card or medical identification card when the

value of the food stamps or medical services wrongfully

received is more than two hundred fifty dollars ($250) but not

more than five hundred dollars ($500) is guilty of a

misdemeanor.

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D. Whoever commits unlawful use of food stamp

identification card or medical identification card when the

value of the food stamps or medical services wrongfully

received 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.

E. Whoever commits unlawful use of food stamp

identification card or medical identification card when the

value of the food stamps or medical services wrongfully

received 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.

F. Whoever commits unlawful use of food stamp

identification card or medical identification card when the

value of the food stamps or medical services wrongfully

received exceeds twenty thousand dollars ($20,000) is guilty

of a second degree felony.

G. For the purpose of this section, the value of

the medical assistance received is the amount paid by the

human services department for medical services received

through use of the medical identification card."

Section 20. Section 30-40-3 NMSA 1978 (being Laws 1979,

Chapter 170, Section 3, as amended) is amended to read:

"30-40-3. MISAPPROPRIATING PUBLIC ASSISTANCE.--

A. Misappropriating public assistance consists of

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a public officer or public employee fraudulently

misappropriating, attempting to misappropriate or aiding and

abetting in the misappropriation of food stamp coupons, WIC

checks pertaining to the special supplemental food program for

women, infants and children administered by the human services

department, food stamp or medical identification cards, public

assistance benefits or funds received in exchange for food

stamp coupons.

B. Whoever commits misappropriating public

assistance when the value of the thing misappropriated is two

hundred fifty dollars ($250) or less is guilty of a petty

misdemeanor.

C. Whoever commits misappropriating public

assistance when the value of the thing misappropriated is more

than two hundred fifty dollars ($250) but not more than five

hundred dollars ($500) is guilty of a misdemeanor.

D. Whoever commits misappropriating public

assistance when the value of the thing misappropriated 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.

E. Whoever commits misappropriating public

assistance when the value of the thing misappropriated is more

than two thousand five hundred dollars ($2,500) but not more

than twenty thousand dollars ($20,000) is guilty of a third

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degree felony.

F. Whoever commits misappropriating public

assistance when the value of the thing misappropriated exceeds

twenty thousand dollars ($20,000) is guilty of a second degree

felony.

G. Whoever commits misappropriating public

assistance when the item misappropriated is a food stamp or

medical identification card is guilty of a fourth degree

felony."

Section 21. Section 30-40-6 NMSA 1978 (being Laws 1979,

Chapter 170, Section 6, as amended) is amended to read:

"30-40-6. FAILURE TO REIMBURSE THE HUMAN SERVICES

DEPARTMENT UPON RECEIPT OF THIRD PARTY PAYMENT.--

A. Failure to reimburse the human services

department upon receipt of third party payment consists of

knowing failure by a medicaid provider to reimburse the human

services department or the department's fiscal agent the

amount of payment received from the department for services

when the provider receives payment for the same services from

a third party.

B. A medicaid provider who commits failure to

reimburse the human services department upon receipt of third

party payment when the value of the payment made by the

department is two hundred fifty dollars ($250) or less is

guilty of a petty misdemeanor.

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C. A medicaid provider who commits failure to

reimburse the human services department upon receipt of third

party payment when the value of the payment made by the

department is more than two hundred fifty dollars ($250) but

not more than five hundred dollars ($500) is guilty of a

misdemeanor.

D. A medicaid provider who commits failure to

reimburse the human services department upon receipt of third

party payment when the value of the payment made by the

department 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.

E. A medicaid provider who commits failure to

reimburse the human services department upon receipt of third

party payment when the value of the payment made by the

department 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.

F. A medicaid provider who commits failure to

reimburse the human services department upon receipt of third

party payment when the value of the payment made by the

department exceeds twenty thousand dollars ($20,000) is guilty

of a second degree felony."

Section 22. Section 30-45-3 NMSA 1978 (being Laws 1989,

Chapter 215, Section 3) is amended to read:

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"30-45-3. COMPUTER ACCESS WITH INTENT TO DEFRAUD OR

EMBEZZLE.--A person who knowingly and willfully accesses or

causes to be accessed a computer, computer system, computer

network or any part thereof with the intent to obtain, by

means of embezzlement or false or fraudulent pretenses,

representations or promises, money, property or anything of

value, when the:

A. money, property or other thing has a value of

two hundred fifty dollars ($250) or less, is guilty of a petty

misdemeanor;

B. money, property or other thing has a value of

more than two hundred fifty dollars ($250) but not more than

five hundred dollars ($500), is guilty of a misdemeanor;

C. money, property or other thing has a value of

more than five hundred dollars ($500) but not more than two

thousand five hundred dollars ($2,500), is guilty of a fourth

degree felony;

D. money, property or other thing has a value of

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

E. money, property or other thing has a value of

more than twenty thousand dollars ($20,000), is guilty of a

second degree felony."

Section 23. Section 30-45-4 NMSA 1978 (being Laws 1989,

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Chapter 215, Section 4) is amended to read:

"30-45-4. COMPUTER ABUSE.--A person who knowingly,

willfully and without authorization, or having obtained

authorization, uses the opportunity the authorization provides

for purposes to which the authorization does not extend:

A. directly or indirectly alters, changes,

damages, disrupts or destroys any computer, computer network,

computer property, computer service or computer system, when

the:

(1) damage to the computer property or

computer service has a value of two hundred fifty dollars

($250) or less, is guilty of a petty misdemeanor;

(2) damage to the computer property or

computer service has a value of more than two hundred fifty

dollars ($250) but not more than five hundred dollars ($500),

is guilty of a misdemeanor;

(3) damage to the computer property or

computer service has a value of 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) damage to the computer property or

computer service has a value of 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) damage to the computer property or

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computer service has a value of more than twenty thousand

dollars ($20,000), is guilty of a second degree felony; or

B. directly or indirectly introduces or causes to

be introduced data that the person knows to be false into a

computer, computer system, computer network, computer

software, computer program, database or any part thereof with

the intent of harming the property or financial interests or

rights of another person is guilty of a fourth degree felony."

Section 24. Section 30-45-5 NMSA 1978 (being Laws 1989,

Chapter 215, Section 5) is amended to read:

"30-45-5. UNAUTHORIZED COMPUTER USE.--A person who

knowingly, willfully and without authorization, or having

obtained authorization, uses the opportunity the authorization

provides for purposes to which the authorization does not

extend, directly or indirectly accesses, uses, takes,

transfers, conceals, obtains, copies or retains possession of

any computer, computer network, computer property, computer

service, computer system or any part thereof, when the:

A. damage to the computer property or computer

service has a value of two hundred fifty dollars ($250) or

less, is guilty of a petty misdemeanor;

B. damage to the computer property or computer

service has a value of more than two hundred fifty dollars

($250) but not more than five hundred dollars ($500), is

guilty of a misdemeanor;

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C. damage to the computer property or computer

service has a value of more than five hundred dollars ($500)

but not more than two thousand five hundred dollars ($2,500),

is guilty of a fourth degree felony;

D. damage to the computer property or computer

service has a value of 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

E. damage to the computer property or computer

service has a value of more than twenty thousand dollars

($20,000), is guilty of a second degree felony."

Section 25. Section 30-47-6 NMSA 1978 (being Laws 1990,

Chapter 55, Section 6) is amended to read:

"30-47-6. EXPLOITATION--CRIMINAL PENALTIES.--

A. Exploitation of a resident's property consists

of the act or process, performed intentionally, knowingly or

recklessly, of using a resident's property for another

person's profit, advantage or benefit without legal

entitlement to do so.

B. Whoever commits exploitation of a resident's

property when the value of the property exploited is two

hundred fifty dollars ($250) or less is guilty of a petty

misdemeanor.

C. Whoever commits exploitation of a resident's

property when the value of the property exploited is over two

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hundred fifty dollars ($250) but not more than five hundred

dollars ($500) is guilty of a misdemeanor.

D. Whoever commits exploitation of a resident's

property when the value of the property exploited 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 exploitation of a resident's

property when the value of the property exploited 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 exploitation of a resident's

property when the value of the property exploited is over

twenty thousand dollars ($20,000) is guilty of a second degree

felony."

Section 26. Section 30-50-4 NMSA 1978 (being Laws 1995,

Chapter 37, Section 4) is amended to read:

"30-50-4. FRAUDULENT TELEMARKETING--PENALTIES.--A

person who knowingly and willfully engages in telemarketing to

or from a telephone located in New Mexico with the intent to

embezzle or to obtain money, property or any thing of value by

fraudulent pretenses, representations or promises in the

course of a telephone communication, when the:

A. money, property or thing has a value of two

hundred fifty dollars ($250) or less, is guilty of a petty

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misdemeanor;

B. money, property or thing has a value of more

than two hundred fifty dollars ($250) but not more than five

hundred dollars ($500), is guilty of a misdemeanor;

C. money, property or thing has a value of more

than five hundred dollars ($500) but not more than two

thousand five hundred dollars ($2,500), is guilty of a fourth

degree felony;

D. money, property or thing has a value of 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

E. money, property or thing has a value of more

than twenty thousand dollars ($20,000), is guilty of a second

degree felony."

Section 27. Section 59A-16-23 NMSA 1978 (being Laws

1984, Chapter 127, Section 290) is amended to read:

"59A-16-23. FALSE APPLICATIONS, CLAIMS, PROOFS OF

LOSS.--

A. An agent, broker, solicitor, examining

physician, applicant or other person shall not knowingly or

willfully:

(1) make a false or fraudulent statement or

representation as to a material fact in or with reference to

an application for insurance or other coverage;

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(2) for the purpose of obtaining money or

benefit, present or cause to be presented a false or

fraudulent claim or proof in support of such a claim for

payment of loss under a policy;

(3) prepare, make or subscribe a false or

fraudulent account, certificate, affidavit or proof of loss or

other document with intent that the same may be presented or

used in support of such a claim; or

(4) make a false or fraudulent statement or

representation on or relative to an application for a policy

for the purpose of obtaining a fee, commission or benefit from

an insurer, agent, broker or individual.

B. A false statement or representation made under

oath shall constitute and be punishable as perjury. A

violation of the provisions of this section when the purported

loss or potential loss to the victim insurer is:

(1) two hundred fifty dollars ($250) or less

is a petty misdemeanor;

(2) over two hundred fifty dollars ($250)

but not more than five hundred dollars ($500) is a

misdemeanor;

(3) over five hundred dollars ($500) but not

more than two thousand five hundred dollars ($2,500) is a

fourth degree felony;

(4) over two thousand five hundred dollars

($2,500) but not more than twenty thousand dollars ($20,000)

is a third degree felony; or

(5) over twenty thousand dollars ($20,000)

is a second degree felony."

Section 28. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2006. HB 80

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