A. Embezzlement consists of a person embezzling or converting to the person’s own use anything of value, with which the person has been entrusted, with fraudulent intent to deprive the owner thereof.

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 30-16-8

  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC

B. Whoever commits embezzlement when the value of the thing embezzled or converted is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

C. Whoever commits embezzlement when the value of the thing embezzled or converted is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

D. Whoever commits embezzlement when the value of the thing embezzled or converted is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

E. Whoever commits embezzlement when the value of the thing embezzled or converted 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.

F. Whoever commits embezzlement when the value of the thing embezzled or converted exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.