30-16D-2. Embezzlement of a vehicle or motor vehicle.
A. Embezzlement of a vehicle or motor vehicle consists of a person embezzling or converting to the person's own use a vehicle or motor vehicle as defined by the Motor Vehicle Code [66-1-1 NMSA 1978], with which the person has been entrusted, with the fraudulent intent to deprive the owner of the vehicle or motor vehicle.
B. Whoever commits embezzlement 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.