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§ 30-16-26 NMSAFourth Degree Felony Property

Theft Of Credit Card

Legal Definition

A person commits theft of a credit card when they take or retain possession of a credit card that belongs to another person without authorization. This offense involves the unlawful acquisition or continued possession of another's credit card, regardless of whether the card is subsequently used. Theft of a credit card is classified as a fourth degree felony.

Possible Punishment

Theft of a credit card, by taking or retaining a card taken from another, is a fourth degree felony punishable by up to 18 months imprisonment and a fine of up to $5,000.

Local Context

This statute addresses the initial taking or retention of the card itself, distinct from the unauthorized use of a credit card covered under § 30-16-24.1 NMSA. The offense is complete upon the taking or retention of the card, even if no fraudulent purchases or transactions occur. Related provisions in Article 16 of Chapter 30 address other credit card crimes, including fraudulent use, receipt of stolen cards, and possession of card-making equipment.

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 (2)

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.