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§ 30-16-3 NMSAFourth Degree Felony Property

Auto Burglary

Legal Definition

A person commits auto burglary by unlawfully entering any vehicle with the intent to commit any felony or theft therein. The offense requires both unauthorized entry into a motor vehicle and the specific intent to steal property or commit another felony once inside. Breaking into or forcing open a locked vehicle to commit theft is the most common form of this offense.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole (typically one year) follows release from imprisonment. If the offender has prior felony convictions, habitual-offender sentencing enhancements may apply, increasing the potential term of imprisonment.

Local Context

Auto burglary is a specific application of New Mexico's general burglary statute to motor vehicles. The prosecution must prove intent to commit theft or a felony at the time of entry; mere unauthorized entry without that intent may constitute criminal trespass or tampering with a vehicle under separate statutes. The offense is complete upon unlawful entry with the requisite intent, regardless of whether any property is actually taken.

Property-Crime Cases in Doña Ana County

Property charges in New Mexico scale with dollar value and circumstances. The same shoplifting conduct can be a petty misdemeanor or a felony depending on the value of what was taken, and burglary escalates sharply when the structure is a home or someone is inside. That is why our charge database lists several versions of larceny and burglary with different classifications.

Property cases also drive a large share of repeat bookings: failure to appear on an older larceny case frequently brings someone back into the detention center on a bench warrant alongside any new charge.

Related Guides

Recent Arrests for This Charge (6)

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.