HOUSE BILL 371
44th legislature - STATE OF NEW MEXICO - first session, 1999
RELATING TO CRIMINAL SENTENCING; PROVIDING AN EQUITABLE SCHEDULE OF SENTENCING FOR CERTAIN CRIMINAL 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. FALSE STATEMENT AND FRAUD.--
A. Any individual or person who:
[A.] (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 individual or person
does not believe to be true and correct as to every material
matter;
[B.] (2) files any return electronically,
knowing the information in the return is not true and correct
as to every material matter; or
[C.] (3) 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 is guilty of [a felony
and, upon conviction thereof, shall be fined not more than
five thousand dollars ($5,000) or imprisoned not less than six
months or more than three years, or both, together with costs
of prosecution] tax fraud.
B. Whoever commits tax fraud when the amount of the tax owed is one hundred dollars ($100) 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 one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
D. Whoever commits tax fraud when the amount of the tax owed is over one thousand dollars ($1,000) 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 his case."
Section 2. Section 30-15-1 NMSA 1978 (being Laws 1963,
Chapter 303, Section 15-1) is amended to read:
"30-15-1. CRIMINAL DAMAGE TO PROPERTY.--
A. Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property.
B. Whoever commits criminal damage to property [is
guilty of a petty misdemeanor, except that when the damage to
the property amounts to more than one thousand dollars
($1,000), he is guilty of a fourth degree felony] when the
damage to the property is one hundred dollars ($100) or less
is guilty of a petty misdemeanor.
C. Whoever commits criminal damage to property when the damage to the property is over one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits criminal damage to property when the damage to the property is over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits criminal damage to property when the damage to 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.
F. Whoever commits criminal damage to property when the damage to the property is over twenty thousand dollars ($20,000) is guilty of a second degree felony."
Section 3. Section 30-15-4 NMSA 1978 (being Laws 1963,
Chapter 303, Section 15-3, as amended) is amended to read:
"30-15-4. DESECRATION OF A CHURCH.--
A. Desecration of a church consists of willfully,
maliciously and intentionally defacing a church or any portion
[thereof] of it.
B. Whoever commits desecration of a church [is
guilty of a misdemeanor, except that when the damage to the
church amounts to more than one thousand dollars ($1,000), he
is guilty of a fourth degree felony] when the damage to the
church is one hundred dollars ($100) or less is guilty of a
petty misdemeanor.
C. Whoever commits desecration of a church when the damage to the church is over one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits desecration of a church when the damage to the church is over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits desecration of a church when the damage to the church 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 desecration of a church when the damage to the church is over twenty thousand dollars ($20,000) is guilty of a second degree felony."
Section 4. Section 30-16-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-1, as amended) is amended to read:
"30-16-1. LARCENY.--
A. Larceny consists of the stealing of anything of value which belongs to another.
B. Whoever commits larceny when the value of the property stolen is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits larceny when the value of the
property stolen is over one hundred dollars ($100) but not
more than [two hundred fifty dollars ($250)] one thousand
dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits larceny when the value of the
property stolen is over [two hundred fifty dollars ($250)] one
thousand dollars ($1,000) 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 when its value is less than two thousand five hundred dollars ($2,500)."
Section 5. 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 which 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 one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits fraud when the value of the
property misappropriated or taken is over one hundred dollars
($100) but not more than [two hundred fifty dollars ($250)]
one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits fraud when the value of the
property misappropriated or taken is over [two hundred fifty
dollars ($250)] one thousand dollars $1,000 but not more than
[twenty-five] two thousand five hundred dollars ($2,500) is
guilty of a fourth degree felony.
[Whoever commits fraud when the property misappropriated
or taken is a firearm is guilty of a fourth degree felony.]
E. Whoever commits fraud when the value of the
property misappropriated or taken is over [twenty-five] 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 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 is guilty of a fourth degree felony when its value is less than two thousand five hundred dollars ($2,500)."
Section 6. 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 he is not entitled under
the rules and regulations of the human services department
pertaining to the food stamp program or of the [health and
environment] 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 one hundred dollars ($100) 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
or WIC checks involved is over one hundred dollars ($100) but
not more than [two hundred fifty dollars ($250)] one thousand
dollars ($1,000) 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 [two hundred fifty dollars
($250)] one thousand dollars ($1,000) but not more than
[twenty-five] 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 [twenty-five] 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."
Section 7. 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 the embezzling or converting to his own use of anything of value, with which he 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 one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits embezzlement when the value of
the thing embezzled or converted is over one hundred dollars
($100) but not more than [two hundred fifty dollars ($250)]
one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits embezzlement when the value of
the thing embezzled or converted is over [two hundred fifty
dollars ($250)] one thousand dollars ($1,000) 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 8. 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.--
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 which 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 he 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 the value of the property is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
E. Whoever commits receiving stolen property when
the value of the property is over one hundred dollars ($100)
but not more than [two hundred fifty dollars ($250)] one
thousand dollars ($1,000) is guilty of a misdemeanor.
F. Whoever commits receiving stolen property when
the value of the property is over [two hundred fifty dollars
($250)] one thousand dollars ($1,000) 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 9. Section 30-16-13 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-13) is amended to read:
"30-16-13. CHEATING A MACHINE OR DEVICE.--
A. Cheating a machine or device consists of any
person, with intent to defraud, attempting to operate or
causing to be operated any automatic vending machine, parking
meter, coin-box telephone or any machine or [receptable]
receptacle designed to receive lawful money of the United
States in connection with the sale, use or enjoyment of
property or service by means of any slug or by any false,
counterfeited, mutilated, sweated or foreign coin or by any
means, method, trick or device.
B. Whoever commits cheating a machine or device when the value of the property or service is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits cheating a machine or device when the value of the property or service is over one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits cheating a machine or device when the value of the property or service is over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits cheating a machine or device when the value of the property or service 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 cheating a machine or device when the value of the property or service is over twenty thousand dollars ($20,000) is guilty of a second degree felony."
Section 10. 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.--
A. Falsely obtaining services or accommodations consists of any person obtaining service, food, entertainment or accommodations without paying with the intent to cheat or defraud the owner or person supplying such service, food, entertainment or accommodations.
B. Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the crime of falsely obtaining services or accommodations as defined in this section. Any merchant, owner or proprietor who causes such an arrest shall not be criminally or civilly liable if he has actual knowledge that the person so 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 one hundred dollars ($100) is guilty of a petty misdemeanor;
(2) more than one hundred dollars ($100) but
not more than [two hundred fifty dollars ($250)] one thousand
dollars ($1,000) is guilty of a misdemeanor;
(3) more than [two hundred fifty dollars
($250)] one thousand dollars ($1,000) 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 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 11. 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 any 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 such security interest, chattel mortgage, conditional sales contract, lien or encumbrance.
B. Any broker, dealer or any 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 [which] that has a lien filed
upon [such] the vehicle with the motor vehicle division of the
[transportation] taxation and revenue department [must] shall
obtain written consent from the lien holder approving
transferee's assumption of transferor's obligation to the lien
holder within ten days of [such] the transaction before [such]
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 or
removal or concealment of encumbered property [which] that is
punishable as a petty misdemeanor.
C. Whoever commits improper sale, disposal,
removal or concealing of encumbered property [where] when the
value of [such] the property is one hundred dollars ($100) or
less is guilty of a petty misdemeanor.
D. Whoever commits improper sale, disposal,
removal or concealing of encumbered property [where] when the
value of [such] the property is over one hundred dollars
($100) but not more than [two hundred fifty dollars ($250)]
one thousand dollars ($1,000) is guilty of a misdemeanor.
E. Whoever commits improper sale, disposal,
removal or concealing of encumbered property [where] when the
value of [such] the property is over [two hundred fifty
dollars ($250)] one thousand dollars ($1,000) but not more
than [twenty-five hundred dollars ($2,500)] 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 [where] when the
value of [such] the property is over [twenty-five hundred
dollars ($2,500)] 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,
removal or concealing of encumbered property [where] when the
value of [such] the property exceeds twenty [thousnd] thousand
dollars ($20,000) is guilty of a second degree felony."
Section 12. Section 30-16-20 NMSA 1978 (being Laws 1965, Chapter 5, Section 2, as amended) is amended to read:
"30-16-20. CRIME OF SHOPLIFTING CREATED.--
A. Shoplifting consists of any one or more of the following acts:
(1) willfully taking possession of any merchandise with the intention of converting it without paying for it;
(2) willfully concealing any merchandise with the intention of converting it without paying for it;
(3) willfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it; or
(4) willfully transferring any merchandise from the container in or on which it is displayed to any other 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 one hundred dollars ($100) or less is guilty of a petty misdemeanor;
(2) is more than one hundred dollars ($100)
but not more than [two hundred fifty dollars ($250)] one
thousand dollars ($1,000) is guilty of a misdemeanor;
(3) is more than [two hundred fifty dollars
($250)] one thousand dollars ($1,000) 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. Any 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 13. 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] 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 [40A-16-24 through 40A-16-38 NMSA 1953; or] 30-16-25
through 30-16-38 NMSA 1978;
(2) a credit card which 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
period, then the offense of the violator is a third degree
felony.]
B. Whoever commits fraudulent use of a credit card when the value of the property or service is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits fraudulent use of a credit card when the value of the property or service is over one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor.
D. Whoever commits fraudulent use of a credit card when the value of the property or service is over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits fraudulent use of a credit card when the value of the property or service 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 fraudulent use of a credit card when the value of the property or service is over twenty thousand dollars ($20,000) is guilty of a second degree felony."
Section 14. 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. Any merchant or the employee of any merchant
[is guilty of a fourth degree felony] commits fraud if, with
intent to defraud, he furnishes or allows to be furnished
anything of value upon presentation of a credit card obtained
or retained in violation of Sections [40A-16-24 through
40A-16-38 NMSA 1953] 30-16-25 through 30-16-38 NMSA 1978, or
fraudulently made or embossed or fraudulently signed or a
credit card [which] that he knows is invalid, expired or
revoked or a credit card presented by a person whom he knows
is not the cardholder named on the credit card or an
authorized agent or representative of the cardholder named on
the credit card. If the value of anything furnished by a
merchant, or by an employee of a merchant, in violation of
this section [exceeds three hundred dollars ($300), in any
consecutive six months period, then the offense is a third
degree felony]:
(1) is one hundred dollars ($100) or less in any consecutive six-month period, the offense is a petty misdemeanor;
(2) is more than one hundred dollars ($100) but not more than one thousand dollars ($1,000) in any consecutive six-month period, the offense is a misdemeanor;
(3) is more than one thousand dollars ($1,000) 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.
B. Any merchant or the employee of any merchant
[is guilty of a fourth degree felony] commits fraud if, with
intent to defraud, he fails to furnish anything of value
[which] that he represents in writing to the issuer or to a
participating party that he has furnished on a credit card or
cards of the issuer. If the difference between the value of
anything actually furnished to any person [or persons] and the
value represented by the merchant to the issuer or
participating party [exceeds three hundred dollars ($300) in
any consecutive six months period, then the offense is a third
degree felony]:
(1) is one hundred dollars ($100) or less in any consecutive six-month period, the offense is a petty misdemeanor;
(2) is more than one hundred dollars ($100) but not more than one thousand dollars ($1,000) in any consecutive six-month period, the offense is a misdemeanor;
(3) is more than one thousand dollars ($1,000) 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 15. 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.--Any person who receives the money, goods, services or
anything else of value obtained in violation of Section
[40A-16-33 NMSA 1953] 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:
A. if the value of all things of value obtained
from any person [or persons] in violation of this section is
one hundred dollars ($100) or less in any consecutive [six
months] six-month period, then the offense is a petty
misdemeanor;
B. if the value of all things of value obtained
from any person [or persons] in violation of this section is
more than one hundred dollars ($100) but [less than three
hundred dollars ($300) in any consecutive six months period,
then the offense is a fourth degree felony;
C. if the value of all things of value obtained
from any person or persons in violation of this section is
three hundred dollars ($300) or more in any consecutive six
months period, then the offense is a third degree felony] not
more than one thousand dollars ($1,000) in any consecutive
six-month period, then the offense is a misdemeanor;
C. if the value of all things of value obtained from any person in violation of this section is more than one thousand dollars ($1,000) 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. if the value of all things of value obtained from any 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. if the value of all things of value obtained from any 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 16. Section 30-16-39 NMSA 1978 (being Laws 1972, Chapter 23, Section 1, as amended) is amended to read:
"30-16-39. FRAUDULENT ACTS TO OBTAIN OR RETAIN POSSESSION OF RENTED OR LEASED VEHICLE OR OTHER PERSONAL PROPERTY--PENALTY.--Any 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 or personation, trick, artifice or device, including but not limited to a false representation as to his name, residence, employment or operator's license is guilty:
A. of a [fourth degree felony] petty misdemeanor
if the property [is a] or vehicle [or] has a value [in excess]
of one hundred dollars ($100) or less;
B. of a [petty] misdemeanor if the property [is
not a] or vehicle [and] has a value of over one hundred
dollars ($100) [or less] but not more than one thousand
dollars ($1,000);
C. of a fourth degree felony if the property or vehicle has a value of over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500);
D. of a 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. of a second degree felony if the property or vehicle has a value of over twenty thousand dollars ($20,000)."
Section 17. 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 VEHICLE OR OTHER PERSONAL PROPERTY--PENALTY--PRESUMPTION.--
A. Any person who, after leasing a vehicle or other personal property under a written agreement which 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) of a petty misdemeanor if the property
is not a vehicle and has a value of one hundred dollars ($100)
or less;
(2) of a fourth degree felony if the property
is not a vehicle and has a value of more than one hundred
dollars ($100) but less than two thousand five hundred dollars
($2,500);
(3) of a fourth degree felony if the vehicle
has a value of less than two thousand five hundred dollars
($2,500); and
(4) of a third degree felony if the property
or vehicle has a value of two thousand five hundred dollars
($2,500) or more]
(1) petty misdemeanor if the property or vehicle has a value of one hundred dollars ($100) or less;
(2) misdemeanor if the property or vehicle has a value of over one hundred dollars ($100) but not more than one thousand dollars ($1,000);
(3) fourth degree felony if the property or vehicle has a value of over one thousand dollars ($1,000) 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 hours after mailing to him by certified mail at his 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 18. 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 maliciously or willfully starting a fire or causing an explosion with the purpose of destroying or damaging any building, occupied structure or property of another, or bridge, utility line, fence or sign; or with the purpose of destroying or damaging any property, whether the person's own or another's, to collect insurance for such loss.
(1) Whoever commits arson when the value of the thing destroyed or damaged is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
(2) Whoever commits arson when the value of
the thing destroyed or damaged is over one hundred dollars
($100) but not more than one thousand dollars ($1,000) is
guilty of a [fourth degree felony] misdemeanor.
(3) Whoever commits arson when the value of
the thing destroyed or damaged [exceeds one thousand dollars
($1,000) is guilty of a third degree felony] is over one
thousand dollars ($1,000) but not more than two thousand five
hundred dollars ($2,500) is guilty of a fourth degree felony.
(4) Whoever commits arson when the value of the thing destroyed or damaged 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.
(5) Whoever commits arson when the value of the thing destroyed or damaged is over twenty thousand dollars ($20,000) is guilty of a second degree felony.
B. Negligent arson consists of recklessly starting a fire or causing an explosion, whether on the person's property or another's, and thereby directly causing the death or bodily injury of another; or damaging or destroying a building or occupied structure of another.
Whoever commits negligent arson is guilty of a fourth degree felony.
C. As used in this section, "occupied structure" includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property or for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present."
Section 19. 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 any person, with intent to defraud any 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 [such] the service to an
existing telephone number or credit card number without the
authority of the subscriber thereto, or the legitimate holder
thereof;
(2) charging [such] 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
stratagem or device whereby [said] the person in effect sends
or receives information; or
(5) using any other contrivance, device or
means to avoid payment of the lawful charges, in whole or in
part, for [such] the service.
This subsection shall apply when [said telecommunication]
the telecommunications service either originates or
terminates, or both, in this state or when charges for [said]
the service would have been billable in normal course by the
public utility providing [such] the service in this state but
for the fact that [said] the service was obtained or attempted
to be obtained by one or more of the means set forth
[hereinabove] in this subsection.
Whoever violates this subsection when the charges for the
[telecommunication] telecommunications service obtained or
attempted to be obtained are one hundred dollars ($100) or
less is guilty of a petty misdemeanor.
Whoever violates this subsection when the charges for the
[telecommunication] telecommunications service obtained or
attempted to be obtained are more than one hundred dollars
($100) but not more than [two hundred fifty dollars ($250)]
one thousand dollars ($1,000) is guilty of a misdemeanor.
Whoever violates this subsection when the charges for
the [telecommunication] telecommunications service obtained or
attempted to be obtained are more than [two hundred fifty
dollars ($250)] one thousand dollars ($1,000) but not more
than [twenty-five hundred dollars ($2,500)] two thousand five
hundred dollars ($2,500) is guilty of fourth degree felony.
Whoever violates this subsection when the charges for the
[telecommunication] telecommunications service obtained or
attempted to be obtained are more than [twenty-five hundred
dollars ($2,500)] two thousand five hundred dollars ($2,500)
but not more than twenty thousand dollars ($20,000) is guilty
of a third degree felony.
Whoever violates this subsection when the charges for the
[telecommunication] telecommunications service obtained or
attempted to be obtained exceed twenty thousand dollars
($20,000) is guilty of a second degree felony.
B. It is unlawful for any 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 such instrument, apparatus, equipment or device:
(1) to make or possess any instrument,
apparatus, equipment or device designed, adapted or [which]
that can be used either:
(a) to obtain [telecommunication]
telecommunications service in violation of Subsection A of
this section; or
(b) to conceal or to assist another to
conceal from any supplier of [telecommunication]
telecommunications service or from any lawful authority the
existence or place of origin or of destination of any
[telecommunication] 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.
Whoever violates this subsection is guilty of a
misdemeanor, unless [such] the person has previously been
convicted of such crime or of an offense under the laws of
another state or of the United States [which] that would have
been an offense under this subsection if committed in this
state, in which case [such] the person is guilty of a fourth
degree felony."
Section 20. Section 30-36-5 NMSA 1978 (being Laws 1965, Chapter 114, Section 1) is amended to read:
"30-36-5. PENALTY.--Any person violating Section
[40-49-4 New Mexico Statutes Annotated, 1953 Compilation]
30-36-4 NMSA 1978 shall be punished as follows:
A. when the amount of the check, draft or order or
the total amount of the checks, drafts or orders [are for more
than one dollar ($1.00) but less than twenty-five dollars
($25.00), imprisonment in the county jail for a term of not
more than thirty days or a fine of not more than one hundred
dollars ($100), or both such imprisonment and fine] is one
hundred dollars ($100) or less, the person is guilty of a
petty misdemeanor;
B. when the amount of the check, draft or order or
the total amount of the checks, drafts or orders [are for
twenty-five dollars ($25.00) or more, imprisonment in the
penitentiary for a term of not less than one year nor more
than three years or the payment of a fine of not more than one
thousand dollars ($1,000) or both such imprisonment and fine]
is over one hundred dollars ($100) but not more than two
hundred fifty dollars ($250), the person is guilty of a
misdemeanor;
C. when the amount of the check, draft or order or the total amount of the checks, drafts or orders is over two hundred fifty dollars ($250) but not more than two thousand five hundred dollars ($2,500), the person is guilty of a fourth degree felony;
D. when the amount of the check, draft or order or the total amount of the checks, drafts or orders is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), the person is guilty of a third degree felony; and
E. when the amount of the check, draft or order or the total amount of the checks, drafts or orders is over twenty thousand dollars ($20,000), the person is guilty of a second degree felony."
Section 21. 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 any person knowingly failing to disclose any material facts 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 he is not entitled or in amounts greater than that to which he 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 one hundred dollars ($100) 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 one
hundred dollars ($100) but not more than [two hundred fifty
dollars ($250)] one thousand dollars ($1,000) 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 [two
hundred fifty dollars ($250)] one thousand dollars ($1,000)
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) is guilty of a third degree felony.
F. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony."
Section 22. 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 any person to whom it has not been issued, or who is not an authorized representative of such a person, 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 one hundred dollars ($100) 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 one hundred dollars ($100) but not more
than [two hundred fifty dollars ($250)] one thousand dollars
($1,000) is guilty of a misdemeanor.
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 [two hundred fifty dollars ($250)] one
thousand dollars ($1,000) 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 card."
Section 23. 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
any 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 department of
health [and environment 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 one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. Whoever commits misappropriating public
assistance when the value of the thing misappropriated is more
than one hundred dollars ($100) but not more than [two hundred
fifty dollars ($250)] one thousand dollars ($1,000) is guilty
of a misdemeanor.
D. Whoever commits misappropriating public
assistance when the value of the thing misappropriated is more
than [two hundred fifty dollars ($250)] one thousand dollars
($1,000) 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 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 24. 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 DEPARTMENT UPON RECEIPT OF THIRD PARTY PAYMENT.--
A. Failure to reimburse the human services
department upon receipt of third party payment consists of
[knowingly] 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 any third party.
B. A medicaid provider who commits failure to reimburse the department upon receipt of third party payment when the value of the payment made by the department is one hundred dollars ($100) or less is guilty of a petty misdemeanor.
C. A medicaid provider who commits failure to
reimburse the department upon receipt of third party payment
when the value of the payment made by the department is more
than one hundred dollars ($100) but not more than [two hundred
fifty dollars ($250)] one thousand dollars ($1,000) is guilty
of a misdemeanor.
D. A medicaid provider who commits failure to
reimburse the 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)] one thousand dollars
($1,000) 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 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 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 25. Section 30-45-3 NMSA 1978 (being Laws 1989, Chapter 215, Section 3) is amended to read:
"30-45-3. COMPUTER ACCESS WITH INTENT TO DEFRAUD OR
EMBEZZLE.--Any person who knowingly and willfully accesses or
causes to be accessed any 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, [where] when:
A. the money, property or other thing has a value of one hundred dollars ($100) or less, is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
B. the money, property or other thing has a value
of more than one hundred dollars ($100) but not more than [two
hundred fifty dollars ($250)] one thousand dollars ($1,000),
is guilty of a misdemeanor and shall be sentenced pursuant to
the provisions of Section 31-19-1 NMSA 1978;
C. the money, property or other thing has a value
of more than [two hundred fifty dollars ($250)] one thousand
dollars ($1,000) 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;
D. the 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 and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
E. the money, property or other thing has a value of more than 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."
Section 26. Section 30-45-4 NMSA 1978 (being Laws 1989, Chapter 215, Section 4) is amended to read:
"30-45-4. COMPUTER ABUSE.--Any person who knowingly, willfully and without authorization, or having obtained authorization:
A. directly or indirectly alters, changes, damages,
disrupts or destroys any computer, computer network, computer
property, computer service or computer system, [where] when:
(1) the damage to the computer property or computer service has a value of one hundred dollars ($100) or less, is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
(2) the damage to the computer property or
computer service has a value of more than one hundred dollars
($100) but not more than [two hundred fifty dollars ($250)]
one thousand dollars ($1,000), is guilty of a misdemeanor and
shall be sentenced pursuant to the provisions of Section
31-19-1 NMSA 1978;
(3) the damage to the computer property or
computer service has a value of more than [two hundred fifty
dollars ($250)] one thousand dollars ($1,000) 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;
(4) the 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 and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
(5) the 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 and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
B. directly or indirectly introduces or causes to be
introduced data [which] 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 any person is guilty of a fourth degree felony and
shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978."
Section 27. Section 30-45-5 NMSA 1978 (being Laws 1989, Chapter 215, Section 5) is amended to read:
"30-45-5. UNAUTHORIZED COMPUTER USE.--Any person who
knowingly, willfully and without authorization, or having
obtained authorization, uses the opportunity [such] 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, [where] when:
A. the damage to the computer property or computer service has a value of one hundred dollars ($100) or less, is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
B. the damage to the computer property or computer
service has a value of more than one hundred dollars ($100)
but not more than [two hundred fifty dollars ($250)] one
thousand dollars ($1,000), is guilty of a misdemeanor and
shall be sentenced pursuant to the provisions of Section
31-19-1 NMSA 1978;
C. the damage to the computer property or computer
service has a value of more than [two hundred fifty dollars
($250)] one thousand dollars $1,000) 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;
D. the 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 and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
E. the 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 and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
Section 28. 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 one
hundred dollars ($100) or less is guilty of a petty
misdemeanor and upon conviction shall be sentenced pursuant to
the provisions of [Subsection B of] Section 31-19-1 NMSA 1978.
C. Whoever commits exploitation of a resident's
property when the value of the property exploited is over one
hundred dollars ($100) but not more than [two hundred fifty
dollars ($250)] one thousand dollars ($1,000) is guilty of a
misdemeanor and upon conviction shall be sentenced pursuant to
the provisions of [Subsection A of] Section 31-19-1 NMSA 1978.
D. Whoever commits exploitation of a resident's
property when the value of the property exploited is over [two
hundred fifty dollars ($250)] one thousand dollars ($1,000)
but not more than two thousand five hundred dollars ($2,500)
is guilty of a fourth degree felony and upon conviction shall
be sentenced pursuant to the provisions of Section 31-18-15
NMSA 1978.
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 and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
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 and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
Section 29. Section 30-50-4 NMSA 1978 (being Laws 1995, Chapter 37, Section 4) is amended to read:
"30-50-4. FRAUDULENT TELEMARKETING--PENALTIES.--Any 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:
A. the money, property or thing has a value of [less
than two hundred fifty dollars ($250)] one hundred dollars
($100) or less, is guilty of a petty misdemeanor and shall be
sentenced pursuant to the provisions of Section 31-19-1 NMSA
1978;
B. the money, property or thing has a value of [two
hundred fifty dollars ($250) or more but less than two
thousand five hundred dollars ($2,500)] more than one hundred
dollars ($100) but not more than one thousand dollars
($1,000), is guilty of a [fourth degree felony] misdemeanor
and shall be sentenced pursuant to the provisions of Section
[31-18-15] 31-19-1 NMSA 1978;
C. the money, property or thing has a value of [two
thousand five hundred dollars ($2,500) or more but less than
twenty thousand dollars ($20,000)] more than one thousand
dollars ($1,000) but not more than two thousand five hundred
dollars ($2,500), is guilty of a [third] fourth degree felony
and shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978; [or]
D. the 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 and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
[D.] E. the money, property or thing has a value of
twenty thousand dollars ($20,000) or more, is guilty of a
second degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978."
Section 30. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.