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.
History: 1953 Comp., § 40A-16-26, enacted by Laws 1971, ch. 239, § 3.
Repeals and reenactments. — Laws 1971, ch. 239, § 15, repealed 40A-16-26, 1953 Comp., relating to the fraudulent taking, receiving or transfer of a credit card, and Laws 1971, ch. 239, § 3, enacted a new section.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 NMSA 1978 appears to proscribe acquisition with the requisite intent, whereas one can legitimately acquire a stolen credit card under Section 30-16-27 NMSA 1978 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.
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