A person who takes a credit card from the person, possession, custody or control of another without the cardholder's consent, or who with knowledge that it has been so taken, acquires or possesses a credit card 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 fourth degree felony. Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common-law larceny by trespassory taking, common-law larceny by trick, embezzlement or obtaining property by false pretense, false promise or extortion.
History: 1953 Comp., § 40A-16-25, enacted by Laws 1971, ch. 239, § 2.
Repeals and reenactments. — Laws 1971, ch. 239, § 15, repealed 40A-16-25, 1953 Comp., relating to false statements of financial condition, and Laws 1971, ch. 239, § 2, enacted a new section.
Constitutionality. — Sections 30-16-26 and 30-16-27 NMSA 1978 are not unconstitutionally vague. State v. Wilson, 1994-NMSC-009, 116 N.M. 793, 867 P.2d 1175.
Intent. — Section 30-16-26 NMSA 1978 requires actual knowledge that the credit card was wrongfully taken at the time it was acquired, whereas Section 30-16-27 NMSA 1978 applies when the possessor of the card merely has reason to know of the stolen, mislaid, or mistakenly delivered nature of the card, which knowledge could be gained at any time during the possession. Further, Section 30-16-26 appears to proscribe acquisition with the requisite intent, whereas one can legitimately acquire a stolen credit card under Section 30-16-27 and if one develops the requisite intent later one would not be guilty until that time. State v. Wilson, 1994-NMSC-009, 116 N.M. 793, 867 P.2d 1175.
Double jeopardy. — Municipal court conviction of larceny is not the same offense for purposes of double jeopardy as a district court conviction of theft of a credit card. State v. Rodriguez, 2005-NMSC-019, 138 N.M. 21, 116 P.3d 92.
Larceny is lesser included offense of theft of a credit card. State v. Rodriguez, 2005-NMSC-019, 138 N.M. 21, 116 P.3d 92.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Criminal liability for unauthorized use of credit card, 24 A.L.R.3d 986.
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