A. 
Larceny consists of the stealing of anything of value which belongs to another when the value of the thing stolen is one hundred dollars ($100.00) or less.
B. 
Whoever commits larceny is guilty of violating this section.
(1981 Code, sec. 14-121)
A. 
For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
Merchandise.
Chattels of any type or description regardless of the value offered for sale in or about a store.
Merchant.
Any owner or proprietor of any store, or any agent, servant or employee of the owner or proprietor.
Store.
A place where merchandise is sold or offered to the public for sale at retail.
B. 
Shoplifting consists of any one or more of the following acts:
1. 
Willfully taking possession of any merchandise with the intention of converting it without paying for it;
2. 
Willfully concealing any merchandise with the intention of converting it without paying for it;
3. 
Willfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it; or
4. 
Willfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.
C. 
Any person who willfully conceals merchandise on his person or on the person of another or among his belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his belongings it shall be prima facie evidence of willful concealment.
D. 
If any law enforcement officer, special officer or merchant has probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it, or has willfully concealed merchandise, and that he can recover the merchandise by detaining the person or taking him into custody, the law enforcement officer, special officer or merchant may, for the purposes of attempting to effect a recovery of the merchandise, take the person into custody and detain him in a reasonable manner for a reasonable time. Such taking into custody or detention shall not subject the officer or merchant to any criminal or civil liability.
E. 
Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the crime of shoplifting. Any merchant who causes such an arrest shall not be criminally or civilly liable if he has probable cause for believing the person so arrested has committed the crime of shoplifting.
F. 
Whoever commits shoplifting shall be guilty of a petty misdemeanor.
(1981 Code, sec. 14-122)
A. 
Embezzlement consists of the embezzling or converting to a person’s own use of anything of value, with which such person has been entrusted, with fraudulent intent to deprive the owner thereof.
B. 
Whoever commits embezzlement, when the value of the thing embezzled or converted is one hundred dollars ($100.00) or less, is guilty of a petty misdemeanor.
(1981 Code, sec. 14-123)
A. 
“Receiving stolen property” means intentionally to receive, retain or dispose of stolen property knowing that it has been stolen or believing it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.
B. 
The requisite knowledge or belief that property has been stolen is presumed in the case of a dealer who:
1. 
Is found in possession or control of property stolen from two (2) or more persons on separate occasions;
2. 
Acquires stolen property for a consideration which the dealer knows is far below the property’s reasonable value. A dealer shall be presumed to know the fair market value of the property in which he deals; or
3. 
Is found in possession or control of five (5) or more items of property stolen within one year prior to the time of the incident charged to this section.
C. 
For the purposes of this section, “dealer” means a person in the business of buying or selling goods or commercial merchandise.
D. 
Whoever commits receiving stolen property, when the value of the property is one hundred dollars ($100.00) or less, is guilty of a petty misdemeanor.
(1981 Code, sec. 14-124)
A. 
Unlawful removal of effects consists of any person removing or causing to be removed any baggage or effects from any hotel, motel, trailer park, inn, rented dwelling or boarding house while there is a lien existing thereon for the proper charges due for fare or board furnished from such hotel, motel, trailer park, inn, rented dwelling or boarding house, and where the owner or person in possession of such baggage or effects is given actual notice of the fact of such lien, or where a notice of such lien has been conspicuously posted upon the premises adjacent to such baggage or effects, giving notice of the fact of such lien and the amount thereof.
B. 
Whoever commits unlawful removal of effects is guilty of a petty misdemeanor.
(1981 Code, sec. 14-125)
A. 
Definitions.
For the purposes of this section, the following words, terms and phrases shall have the meanings respectively ascribed to them by this subsection:
Anything of value.
Means and includes money, goods and services.
Cardholder.
The person or organization identified on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
Credit card.
Any instrument or device, whether known as a credit card, credit plate, charge card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit, or in consideration of any undertaking or guarantee by the issuer of the payment of a check drawn by the cardholder.
Expired credit card.
A credit card which shows on its face that it is outdated.
Incomplete credit card.
A credit card upon which a part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder, has not been stamped, embossed, imprinted or written on it.
Issuer.
The business organization or financial institution, or its duly authorized agent, which issues a credit card.
Merchant.
Every person who is authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by a cardholder.
Participating party.
A business organization or financial institution, other than the issuer, which acquires for value a sales slip or agreement.
Revoked credit card.
A credit card for which the permission to use has been suspended or terminated by the issuer, and notice thereof has been given to the cardholder.
Sales slip or agreement.
Any writing evidencing a credit card transaction.
B. 
Receipt or possession of stolen, lost or mislaid credit cards.
A person, other than the issuer, who receives or possesses a credit card that he knows or has reason to know to have been stolen, lost, mislaid or delivered under a mistake as to the identity or address of the cardholder, and who retains possession thereof with the intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder, is guilty of a petty misdemeanor.
(1981 Code, secs. 14-171, 14-172)
A. 
Fraud consists of the intentional misappropriation or taking of anything of value which belongs to another by means of fraudulent conduct, practices or representations.
B. 
Whoever commits fraud, when the value of the thing misappropriated or taken is one hundred dollars ($100.00) or less, is guilty of a petty misdemeanor.
(1981 Code, sec. 14-133)
A. 
Cheating machine or device consists of any person, with intent to defraud, attempting to operate or causing to be operated any automatic vending machine, parking meter, coin box telephone, or any machine or receptacle designed to receive lawful money of the United States in connection with the sale, use or enjoyment of property or service, by means of any slug, or by any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device.
B. 
Whoever commits cheating machine or device is guilty of a petty misdemeanor.
(1981 Code, sec. 14-134)
A. 
For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
Credit card.
An identification card or plate issued to a person, firm or corporation by any person, firm or corporation engaged in the furnishing of telecommunications service, which permits the person, firm or corporation to whom the card has been issued to obtain telecommunications service on credit.
Credit card number.
The card number appearing on a credit card.
Telecommunications service.
Service furnished by a public utility, including a telephone company, by which there is accomplished, or may be accomplished, the sending or receiving of information, data, messages, writing, signs, signals, pictures and sound of all kinds, by aid of wire, cable, radio or other means or apparatus.
B. 
It is unlawful for any person, with intent to defraud any person, firm or corporation, to obtain or to attempt to obtain any telecommunications service without paying the lawful charge in whole or in part, by any of the following means:
1. 
Charging such service to an existing telephone number or credit card number without the authority of the subscriber thereto, or the legitimate holder thereof;
2. 
Charging such service to a nonresident, false, fictitious or counterfeit telephone number or credit card number, or to a suspended, terminated, expired, canceled or revoked telephone number or credit card number;
3. 
Rearranging, tampering with or making electrical, acoustical, induction or other connection with any facilities or equipment;
4. 
Using a code, prearranged scheme or other stratagem or device whereby said person in effect sends or receives information; or
5. 
Using any other contrivance, device or means to avoid payment of the lawful charges, in whole or in part, for such service.
C. 
This section shall apply when said telecommunications service either originates or terminates, or both, in this town, or when the charge for said service would have been billable in normal course by the public utility providing such service in this town but for the fact that said service was obtained, or attempted to be obtained, by one or more of the means set forth hereinabove.
D. 
Whoever violates this section, when the charges for the telecommunication service obtained or attempted to be obtained are one hundred dollars ($100.00) or less, is guilty of a petty misdemeanor.
(1981 Code, sec. 14-135)
A. 
Unlawful dealing in federal food coupons consists of a person buying, selling, bartering or possessing food coupons issued by the United States Department of Agriculture with the intent to obtain an economic benefit to which he is not entitled under the rules and regulations of the income support division of the state human services department pertaining to the food stamp program.
B. 
Whoever commits unlawful dealing in federal food coupons, when the value of the food coupons involved is one hundred dollars ($100.00) or less, is guilty of a petty misdemeanor.
(1981 Code, sec. 14-136)
A. 
Falsely representing self as incapacitated consists of any person falsely representing himself to be blind, deaf, dumb, crippled or otherwise physically defective for the purpose of obtaining money or other thing of value.
B. 
Whoever commits falsely representing self as incapacitated is guilty of a petty misdemeanor.
(1981 Code, sec. 14-137)
A. 
Falsely obtaining services or accommodations consists of any person obtaining any service, food, entertainment or accommodations without paying therefor, and with the intent to cheat or defraud the owner or person supplying such service, food, entertainment or accommodations.
B. 
Whoever commits falsely obtaining services or accommodations, when the value of the service, food, entertainment or accommodations furnished is one hundred dollars ($100.00) or less, is guilty of a petty misdemeanor.
(1981 Code, sec. 14-138)
A. 
Improper sale, disposal, removal or concealing of encumbered property consists of any person knowingly, and with intent to defraud, selling, transferring, removing or concealing, or in any manner disposing of, any personal property upon which a security interest, chattel mortgage or other lien or encumbrance has attached or been retained, without the written consent of the holder of such security interest, chattel mortgage, conditional sales contract, lien or encumbrance.
B. 
Any broker, dealer or any agent, buyer or seller who receives any remuneration whatsoever for transfer of equity, or arranges the assumption of any loan on a mobile home or recreational vehicle which has a lien filed upon such vehicle with the New Mexico motor vehicle division, must obtain written consent from the lienholder approving the transferee’s assumption of the transferor’s obligation to the lienholder within ten (10) days of such transaction before such transaction is entered into; provided that the lienholder’s written consent shall not unreasonably be withheld. Failure to do so will constitute an improper sale, disposal or removal or concealment of encumbered property which is punishable as a petty misdemeanor.
C. 
Whoever commits improper sale, disposal, removal or concealing of encumbered property, where the value of such property is one hundred dollars ($100.00) or less, is guilty of a petty misdemeanor.
(1981 Code, sec. 14-139)
A. 
Failing to label secondhand watches consists of any person or jeweler failing to identify or specify in any advertising or merchandise display of watches that the watches offered for sale have had any portion of their movements or cases repaired or replaced. Watches which have had the brand name, the name of the maker, the serial number, movement number or any other distinguishing number or identifying mark erased, defaced, removed, altered or covered shall, for the purpose of this section, be deemed to be secondhand.
B. 
For the purpose of this section, sufficient labeling shall consist of any notice affixed to the outside of a watch which clearly and legibly indicates the word “secondhand” printed thereon so that it can be read by a person of normal vision.
C. 
Whoever commits failing to label secondhand watches is guilty of a petty misdemeanor.
(1981 Code, sec. 14-140)