West’s New Mexico Statutes Annotated
Chapter 30. Criminal Offenses
Article 16. Larceny (Refs & Annos)
N. M. S. A. 1978, § 30-16-20
§ 30-16-20. Shoplifting
Currentness:
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 ($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.
Credits
L. 1965, Ch. 5, § 2; L. 1969, Ch. 24, § 1; L. 1987, Ch. 121, § 8; L. 2006, Ch. 29, § 10, eff. July 1, 2006.
Notes of Decisions (14)
Current through the First Regular Session of the 50th Legislature (2011)
West’s New Mexico Statutes Annotated
Chapter 30. Criminal Offenses
Article 16. Larceny (Refs & Annos)
N. M. S. A. 1978, § 30-16-21
§ 30-16-21. Civil liability of adult shoplifter; penalty
Currentness:
Any person who has reached the age of majority and who has been convicted of shoplifting under Section 30-16-20 NMSA 1978, may be civilly liable for the retail value of the merchandise, punitive damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of the suit and reasonable attorney’s fees. However, the merchant shall not be entitled to recover damages for the retail value of any recovered undamaged merchandise.
Credits
L. 1977, Ch. 104, § 1.
Formerly 1953 Comp., § 40A-16-20.1.
Current through the First Regular Session of the 50th Legislature (2011)