2019 New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 16 - Remote Financial Service Units
Section 58-16-16 - Criminal penalty.
A. Any person who knowingly and willfully violates any of the provisions of Section 14 [58-16-14 NMSA 1978] of the Remote Financial Service Unit Act may be found guilty of a petty misdemeanor.
B. Any person who makes an unauthorized withdrawal from the account of another person with a financial institution, or who steals the card of another, or who makes an unauthorized use of the card of another is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: 1978 Comp., § 58-16-16, enacted by Laws 1990, ch. 123, § 16.
ANNOTATIONSRepeals and reenactments. — Laws 1990, ch. 123, § 18 repealed the Remote Financial Service Unit Act, as enacted by Laws 1977, ch. 359, §§ 1 to 17 and enacted a new Remote Financial Service Unit Act, effective May 16, 1990.
Debit card theft. — Unlike Section 30-16-33 NMSA 1978, this section contemplates prosecution specifically for the unauthorized use of a debit card. Unlike the fraudulent use of a credit card, the fraudulent use of a debit card has immediate consequences for the victim as it causes the victim's checking account to be debited immediately. The separate penalty provisions of these statutes establishes that the legislature intended to punish violations of RFSUA differently than violations of Section 30-16-33 NMSA 1978. State v. Castillo, 2011-NMCA-046, 149 N.M. 536, 252 P.3d 760, cert. denied, 2011-NMCERT-004.
