A. A merchant or the employee of a merchant commits fraud if, with intent to defraud, the merchant or employee furnishes or allows to be furnished anything of value upon presentation of a credit card:

(1) obtained or retained in violation of Sections 30-16-25 through 30-16-38 NMSA 1978;

(2) fraudulently made or embossed;

(3) fraudulently signed;

(4) that the merchant or employee knows is invalid, expired or revoked; or

(5) by a person whom the merchant or employee knows is not the cardholder named on the credit card or an authorized agent or representative of the cardholder named on the credit card.

B. When the value of anything furnished by a merchant, or by an employee of a merchant, in violation of this section:

(1) is two hundred fifty dollars ($250) or less in any consecutive six-month period, the offense is a petty misdemeanor;

(2) is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period, the offense is a misdemeanor;

(3) is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive six-month period, the offense is a fourth degree felony;

(4) is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any consecutive six-month period, the offense is a third degree felony; or

(5) is more than twenty thousand dollars ($20,000) in any consecutive six-month period, the offense is a second degree felony.

C. A merchant or the employee of a merchant commits fraud if, with intent to defraud, the merchant or employee fails to furnish anything of value that the merchant or employee represents in writing to the issuer or to a participating party that the merchant or employee has furnished on a credit card or cards of the issuer. When the difference between the value of anything actually furnished to a person and the value represented by the merchant to the issuer or participating party:

(1) is two hundred fifty dollars ($250) or less in any consecutive six-month period, the offense is a petty misdemeanor;

(2) is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period, the offense is a misdemeanor;

(3) is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive six-month period, the offense is a fourth degree felony;

(4) is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any consecutive six-month period, the offense is a third degree felony; or

(5) is more than twenty thousand dollars ($20,000) in any consecutive six-month period, the offense is a second degree felony.

History: 1953 Comp., § 40A-16-34, enacted by Laws 1971, ch. 239, § 10; 2006, ch. 29, § 12.

The 2006 amendment, effective July 1, 2006, changed the 1953 statutory reference in Paragraph (1) of Subsection A to the NMSA 1978 section numbers; deleteds the former Subsection B, which provided that if the value of anything furnished by a merchant or a merchant's employee exceeds $300 in any consecutive six-month period, the offense was a third degree felony and replaced it with Paragraphs (1) through (5) that provide penalties based on the value of the items furnished; and deleted former Subsection 3 and replaced it with Paragraphs (1) through (5) that provide penalties based on the value of the thing furnished.

Falsifying invoice. — Charge that service station operator falsified an invoice covering a credit card transaction in order to reflect a sale which had not occurred was not within the scope of former credit card statute making it a misdemeanor to use another's card without his consent, and defendant was properly prosecuted under the forgery statute. State v. Cowley, 1968-NMCA-011, 79 N.M. 49, 439 P.2d 567, cert. denied, 79 N.M. 98, 440 P.2d 136.