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§ 30-16-1 NMSAFourth Degree Felony Property

(Attempted) Auto Theft

Legal Definition

A person commits larceny of a motor vehicle when they willfully take, operate, or exercise control over another person's motor vehicle with the intent to permanently or temporarily deprive the owner of possession. The offense includes stealing a vehicle outright or taking it without permission (often called 'joyriding'). The '(Attempted)' designation indicates the person took a substantial step toward committing the theft but did not complete it.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. Upon release, a mandatory period of parole (typically 1 year for fourth degree felonies) applies. An attempt to commit a felony is generally punishable one degree lower than the completed offense, but larceny of a motor vehicle is already a fourth degree felony, so an attempt remains a fourth degree felony.

Local Context

Larceny of a motor vehicle is distinct from unauthorized use of a motor vehicle, though both involve taking a vehicle without consent. The key element is intent to deprive the owner of possession. New Mexico law treats motor vehicle theft as a specific form of larceny with its own statutory section. Repeat offenders or those with prior property-crime convictions may face habitual-offender sentencing enhancements.

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 (1)

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.