2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 16D - Unlawful Taking of a Vehicle or Motor Vehicle
Section 30-16D-4 - Receiving or transferring stolen vehicles or motor vehicles.
A. Receiving or transferring a stolen vehicle or motor vehicle consists of a person who, with intent to procure or pass title to a vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978] that the person knows or has reason to believe has been stolen or unlawfully taken, receives or transfers possession of the vehicle or motor vehicle from or to another or who has in the person's possession any vehicle that the person knows or has reason to believe has been stolen or unlawfully taken. This section shall not apply to an officer of the law engaged at the time in the performance of the officer's duty as an officer.
B. Whoever commits receiving or transferring a stolen 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.
History: 1953 Comp., § 64-3-505, enacted by Laws 1978, ch. 35, § 92; § 66-3-505 NMSA 1978 recompiled and amended as § 30-16D-4 by Laws 2009, ch. 253, § 4 and Laws 2009, ch. 261, § 4.
Recompilations. — Laws 2009, ch. 253, § 4 and Laws 2009, ch. 261, § 4 recompiled and amended former 66-3-505 NMSA 1978, relating to receiving or transferring stolen vehicles or motor vehicles, as 30-16D-4 NMSA 1978, effective July 1, 2009.
The 2009 amendment, effective July 1, 2009, in Subsection A, at the beginning of the first sentence, added "Receiving or transferring a stolen vehicle or motor vehicle consists of"; after "motor vehicle", in the first sentence, added "defined by the Motor Vehicle Code that the person"; at the beginning of the second sentence, added "This section shall not apply to" and after "the officer's duty as an officer", deleted the remainder of the sentence which provided that the offense was a fourth degree felony and prescribed penalties; and added Subsection B.
Laws 2009, ch. 253, § 4 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 261, § 4. See 12-1-8 NMSA 1978.
Statute defines two separate crimes. — This statute, 30-16D-4 NMSA 1978, defines two separate crimes: (1) taking, receiving, or transferring possession of a vehicle with knowledge or reason to believe it is stolen and with intent to procure or pass title, and (2) unlawful possession of a stolen vehicle. The legislature's use of the word "or" indicates that a person who possesses a stolen vehicle is independent from a person who, with intent to procure or pass title to a vehicle, receives or transfers possession of the vehicle. State v. Bernard, 2015-NMCA-089.
Where defendant was convicted of four counts of receiving or transferring stolen vehicles for his unlawful possession of a stolen enclosed trailer, a snowmobile, and two all-terrain vehicles, defendant's claim that the jury instructions failed to instruct the jury that it was required to find that defendant intended to procure or pass title to a vehicle, and therefore improperly omitted an essential element of the offense of possession of a stolen vehicle, was without merit, because the "intent to procure or pass title to a vehicle" is not an essential element of the crime of possession of a stolen vehicle, which is a separate and distinct offense under 30-16D-4 NMSA 1978. State v. Bernard, 2015-NMCA-089.
Double jeopardy analysis applied to unlawful possession of stolen vehicles. — Where defendant was convicted of four counts of receiving or transferring stolen vehicles for his unlawful possession of a stolen enclosed trailer, a snowmobile, and two all-terrain vehicles (ATV), and where defendant claimed that his four convictions based on a single statute violated the double jeopardy protection against multiple punishments for the same offense, defendant's four convictions were justified because the language of the statute indicates that the legislature sought to address the harm inflicted on the public by a particularized type of criminal enterprise: vehicle theft. Because 30-16D-4 NMSA 1978 appears designed to protect the public from the trafficking of stolen vehicles, it follows that the legislature intended to allow for separate charges for each stolen vehicle separately possessed by an individual. Defendant's acts of possession of a trailer, a snowmobile, and two ATVs are sufficiently distinct to justify four convictions for possession of a stolen vehicle. State v. Bernard, 2015-NMCA-089.
Evidence sufficient to convict of possession of stolen vehicle. — Where the evidence showed that a stolen vehicle was parked next to defendant's house, the vehicle was partially covered with a tarp, numerous parts had been removed from the vehicle, and the vehicle was covered with dust, the jury could reasonably infer that defendant possessed the stolen vehicle. State v. Brown, 2010-NMCA-079, 148 N.M. 888, 242 P.3d 455, cert. denied, 2010-NMCERT-007, 148 N.M. 610, 241 P.3d 611.
