Section 30-16-33 - Fraudulent use of a credit card. - New Mexico Statutes

30-16-33. Fraudulent use of a credit card.

A.     Fraudulent use of a credit card consists of a person obtaining anything of value, with intent to defraud, by using: 

(1)     a credit card obtained in violation of Sections 30-16-25 through 30-16-38 NMSA 1978; 

(2)     a credit card that is invalid, expired or revoked; 

(3)     a credit card while fraudulently representing that the person is the cardholder named on the credit card or an authorized agent or representative of the cardholder named on the credit card; or 

(4)     a credit card issued in the name of another person without the consent of the person to whom the card has been issued.  

B.     Whoever commits fraudulent use of a credit card when the value of the property or service obtained is two hundred fifty dollars ($250) or less in any consecutive six-month period is guilty of a petty misdemeanor.  

C.     Whoever commits fraudulent use of a credit card when the value of the property or service obtained is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period is guilty of a misdemeanor. 

D.     Whoever commits fraudulent use of a credit card when the value of the property or service obtained is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive six-month period is guilty of a fourth degree felony.  

E.     Whoever commits fraudulent use of a credit card when the value of the property or service obtained is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any consecutive six-month period is guilty of a third degree felony.  

F.     Whoever commits fraudulent use of a credit card when the value of the property or service obtained is over twenty thousand dollars ($20,000) in any consecutive six-month period is guilty of a second degree felony.