Back to Feed
§ 30-16-33 NMSAFourth Degree Felony Property

Fraudulent Use Of Credit Card

Legal Definition

A person commits fraudulent use of a credit card by using a credit card obtained or retained by fraud, or by using a credit card knowing it is forged, expired, revoked, or belongs to another without the cardholder's consent. The offense includes using a credit card to obtain property, services, or anything of value through deception or unauthorized means. Intent to defraud the issuer, cardholder, or a merchant is an element of the crime.

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole follows release. The level of the offense may depend on the value obtained or the number of fraudulent transactions, though the statute treats most violations uniformly as a fourth degree felony.

Local Context

This statute also covers possession of a credit card with intent to use it fraudulently and obtaining property by representing that one is the authorized holder of a card. Related offenses include identity theft (§ 30-16-24.1 NMSA) and forgery (§ 30-16-10 NMSA) when credit card instruments are counterfeited.

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 (5)

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.