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 willfully obtaining personal identifying information of another person and using that information without the authorization or 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, checking or savings account number, charge account number, credit card number or the maiden name of the person's mother, when that information is misappropriated with the intent to injure or defraud.

C. Whoever commits theft of identity when there is no direct financial impact on the person who did not authorize use of personal identifying information is guilty of a misdemeanor.

D. Whoever commits theft of identity when the person uses the personal identifying information of another person to obtain money, credit, goods, services or anything of value in the name of that other person and the value is one thousand dollars ($1,000) or less is guilty of a misdemeanor.

E. Whoever commits theft of identity when the person uses the personal identifying information of another person to obtain money, credit, goods, services or anything of value in the name of that other person and the value 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.

F. Whoever commits theft of identity when the person uses the personal identifying information of another person to obtain money, credit, goods, services or anything of value in the name of that other person and the value 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 theft of identity when the person uses the personal identifying information of another person to obtain money, credit, goods, services or anything of value in the name of that other person and the value is over twenty thousand dollars ($20,000) is guilty of a second degree felony."

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