A.   Shoplifting consists of one or more of the following acts: 

(1)   willfully taking possession of merchandise with the intention of converting it without paying for it; 

(2)   willfully concealing merchandise with the intention of converting it without paying for it; 

(3)   willfully altering a label, price tag or marking upon merchandise with the intention of depriving the merchant of all or some part of the value of it; or 

(4)   willfully transferring merchandise from the container in or on which it is displayed to another container with the intention of depriving the merchant of all or some part of the value of it. 

Terms Used In New Mexico Statutes 30-16-20

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
B.   Whoever commits shoplifting when the value of the merchandise shoplifted: 

(1)   is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor

(2)   is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor; 

(3)   is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony

(4)   is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony; or 

(5)   is more than twenty thousand dollars ($20,000) is guilty of a second degree felony. 

C.   An individual charged with a violation of this section shall not be charged with a separate or additional offense arising out of the same transaction.

History: 1953 Comp., § 40A-16-20, enacted by Laws 1965, ch. 5, § 2; 1969, ch. 24, § 1; 1987, ch. 121, § 8; 2006, ch. 29, § 10.