New Mexico Statutes 30-15-8. Criminal damage to property by theft or attempted theft of regulated material; penalty
A. Criminal damage to property by theft or attempted theft of regulated material consists of the unlawful taking or attempted taking of any regulated material from another that results in any damage to real or personal property. Whoever commits criminal damage to property by theft or attempted theft of regulated material resulting in property damage or property loss, based on the fair market value of that damage or loss, in an amount of:
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| fourth degree felony | up to 18 months | up to $5,000 |
| petty misdemeanor | up to 6 months | up to $500 |
Terms Used In New Mexico Statutes 30-15-8
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Personal property: All property that is not real property.
(1) less than one thousand dollars ($1,000) is guilty of a petty misdemeanor; (2) one thousand dollars ($1,000) or more but less than two thousand five hundred dollars ($2,500) is guilty of a misdemeanor; or
(3) two thousand five hundred dollars ($2,500) or more is guilty of a fourth degree felony.
B. For the purposes of this section:
(1) “aluminum material” means wire or coil products made from aluminum, an aluminum alloy or an aluminum byproduct;
(2) “copper or brass material” means:
(a) insulated or noninsulated copper wire, hardware or cable of the type used by a public utility, commercial mobile radio service carrier or common carrier that consists of at least twenty-five percent copper; or
(b) a copper or brass item of a type commonly used in construction or by a public utility, commercial mobile radio service carrier or common carrier;
(3) “regulated material” means: (a) aluminum material;
(b) copper or brass material; (c) steel material;
(d) a utility access cover; (e) a water meter cover;
(f) a road or bridge guard rail; (g) a highway or street sign;
(h) a traffic directional or control sign or signal; or
(i) a catalytic converter that is not part of an entire motor vehicle; and
(4) “steel material” means infrastructure-grade or construction products made from an alloy of iron, chromium, nickel or manganese.
C. Nothing in this section shall be construed to preclude a claim made pursuant to any other section of law.