Section 30-16D-1 - Unlawful taking of a vehicle or motor vehicle. - New Mexico Statutes

30-16D-1. Unlawful taking of a vehicle or motor vehicle.

A.     Unlawful taking of a vehicle or motor vehicle consists of a person taking any vehicle or motor vehicle as defined by the Motor Vehicle Code [66-1-1 NMSA 1978] intentionally and without consent of the owner.  Whoever commits unlawful taking of a vehicle or motor vehicle is guilty of a:

(1)     fourth degree felony for a first offense;

(2)     third degree felony for a second offense; and 

(3)     second degree felony for a third or subsequent offense.

B.     The consent of the owner of the vehicle or motor vehicle to its taking shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking of the vehicle or motor vehicle by the same or a different person.

C.     Nothing in this section shall be construed to prohibit the holder of a lien duly recorded with the motor vehicle division of the taxation and revenue department from taking possession of a vehicle to which possession the lienholder is legally entitled under the provisions of the instrument evidencing the lien.  A holder of a duly recorded lien who takes possession of a vehicle without the knowledge of the owner of the vehicle shall immediately notify the local police authority of the fact that the holder has taken possession of the vehicle.