SENATE BILL 162

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Steven P. Neville

 

 

 

 

 

AN ACT

RELATING TO EMBEZZLEMENT; ALLOWING A TWELVE-MONTH AGGREGATION OF INCIDENTS OF EMBEZZLEMENT TO DETERMINE PENALTY.

 

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

     Section 1. 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 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 in any consecutive twelve-month period 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) in any consecutive twelve-month period 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) in any consecutive twelve-month period 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) in any consecutive twelve-month period 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) in any consecutive twelve-month period is guilty of a second degree felony."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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