A. Embezzlement of a vehicle or motor vehicle consists of a person embezzling or converting to the person’s own use a vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978], with which the person has been entrusted, with the fraudulent intent to deprive the owner of the vehicle or motor vehicle.

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
second degree felonyup to 9 yearsup to $10,000
third degree felonyup to 3 yearsup to $5,000
fourth degree felonyup to 18 monthsup to $5,000
For details, see N.M. Stat. Ann. § 31-18-15

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Terms Used In New Mexico Statutes 30-16D-2

  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC

B. Whoever commits embezzlement of a vehicle or motor vehicle is guilty of a: (1)     fourth degree felony for a first offense;

(2)     third degree felony for a second offense; and

(3)     second degree felony for a third or subsequent offense.