Any person, other than a cardholder, or a person authorized by him, who, with intent to defraud, signs the name of another, or of a fictitious person, to a credit card or to a sales slip or agreement is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-16-32, enacted by Laws 1971, ch. 239, § 8.
Due process. — The phrase "signs the name of another" does not render this section unconstitutionally vague. State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Equal protection. — This section does not deprive a defendant of equal protection of the law. State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Contention that this section denies equal protection to those who sign the name of another to a credit card, sales slip or agreement because the class of people who use the credit card of another with the same name as theirs, and sign that name, which is both theirs and the cardholder's, are exempt from prosecution, was without merit. State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
This section is directed to prevention of fraud in connection with credit cards, sales slips or agreements and applies when a person with the requisite intent signs a name other than his own or the name of a fictitious person. State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
"Another" means "other than oneself." State v. Sweat, 1972-NMCA-162, 84 N.M. 416, 504 P.2d 24.
Each use separate offense. — This section punishes each fraudulent signature. This indicates that the legislature intended to punish each use of a credit card under 30-16-33 NMSA 1978, not the continuing possession and usage of one card. State v. Salazar, 1982-NMCA-077, 98 N.M. 70, 644 P.2d 1059.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Successful negotiation of commercial transaction as element of state offense of credit card fraud or false pretense in use of credit card, 106 A.L.R.5th 701.
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