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

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE KNOWN AS THEFT OF IDENTITY; PRESCRIBING PENALTIES; ENACTING A NEW SECTION OF THE CRIMINAL CODE.

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

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

"[NEW MATERIAL] THEFT OF IDENTITY.--

A. Theft of identity consists of a person who willfully obtains personal identifying information of another person without the authorization of that person and who uses the information to obtain money, credit, goods, services or anything else of value in the name of that other person, without the consent of that person.

B. As used in this section, "personal identifying information" means a person's name, address, telephone number, driver's license number, social security number, place of employment, employee identification number, demand deposit account number, savings account number, credit card number or the maiden name of the person's mother.

C. Whoever commits theft of identity is guilty of a fourth degree felony."

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