Section 30-16-40 - Fraudulent refusal to return a leased vehicle or other personal property; penalty; presumption. - New Mexico Statutes

30-16-40. Fraudulent refusal to return a leased vehicle or other personal property; penalty; presumption.

A.     A person who, after leasing a vehicle or other personal property under a written agreement that provides for the return of the vehicle or personal property to a particular place at a particular time and who, with intent to defraud the lessor of the vehicle or personal property, fails to return the vehicle or personal property to the place within the time specified, is guilty of a: 

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

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

(3)     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); 

(4)     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 

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

B.     Failure of the lessee to return the vehicle or personal property to the place specified within seventy-two hours after mailing to the lessee by certified mail at the lessee's address shown on the leasing agreement a written demand to return the vehicle or personal property shall raise a rebuttable presumption that the failure to return the vehicle or personal property was with intent to defraud.