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§ 30-16-20 NMSAFourth Degree Felony Property

Shoplifting $100 To $500

Legal Definition

A person commits shoplifting by willfully taking possession of, carrying away, transferring, or causing to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by a store or merchant with the intention of converting the merchandise and depriving the merchant of possession or the full retail value. When the value of the merchandise is more than $100 but not more than $500, the offense falls within this classification tier.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. Upon release, a mandatory parole period of 2 years applies. The court may also order restitution to the merchant for the full retail value of the merchandise and any actual damages incurred.

Local Context

Shoplifting is classified by the aggregate retail value of the merchandise taken. Merchandise valued at $100 or less is a petty misdemeanor; more than $500 but not more than $2,500 is a third degree felony; more than $2,500 but not more than $20,000 is a second degree felony; and more than $20,000 is a first degree felony. Multiple takings within a 90-day period may be aggregated to determine total value and classification.

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 (13)

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.