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§ 30-15-1 NMSAPetty Misdemeanor (damage under $1,000); Misdemeanor (damage $1,000–$2,500); Fourth Degree Felony (damage $2,500–$20,000); Third Degree Felony (damage over $20,000) Property

Criminal Property Damage

Legal Definition

A person commits criminal damage to property by knowingly damaging any real or personal property of another without the owner's consent. The offense includes acts such as defacing, destroying, or impairing the usefulness or value of property belonging to another person. The level of the offense depends on the monetary value of the damage caused.

Possible Punishment

For damage under $1,000: up to 6 months in county jail and a fine up to $500. For damage between $1,000 and $2,500: up to 364 days in county jail and a fine up to $1,000. For damage between $2,500 and $20,000: basic sentence of 18 months imprisonment and a fine up to $5,000. For damage over $20,000: basic sentence of 3 years imprisonment and a fine up to $5,000. Restitution to the victim for the full amount of damage is typically ordered in addition to any criminal penalty.

Local Context

The statute also covers damage to property of a utility, cemetery, or place of worship, which may carry enhanced penalties. Graffiti and vandalism are common forms of criminal damage to property. The value of damage is determined by the cost of repair or replacement.

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 (4)

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.