A 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, trick, artifice or device, including a false representation as to the person’s name, residence, employment or operator’s license, is guilty of a:

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
second degree felonyup to 9 yearsup to $10,000
third degree felonyup to 3 yearsup to $5,000
fourth degree felonyup to 18 monthsup to $5,000
petty misdemeanorup to 6 monthsup to $500
For details, see N.M. Stat. Ann. § 31-18-15 and N.M. Stat. Ann. § 31-19-1

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Terms Used In New Mexico Statutes 30-16-39

  • Personal property: All property that is not real property.

A. petty misdemeanor if the vehicle or property has a value of two hundred fifty dollars ($250) or less;

B. misdemeanor if the vehicle or property has a value of over two hundred fifty dollars ($250) but not more than five hundred dollars ($500);

C. fourth degree felony if the property or vehicle has a value of over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500);

D. 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. second degree felony if the property or vehicle has a value of over twenty thousand dollars ($20,000).