A. A person who, after leasing a vehicle or other personal property under a written agreement that provides for the return of the vehicle or personal property to a particular place at a particular time and who, with intent to defraud the lessor of the vehicle or personal property, fails to return the vehicle or personal property to the place within the time specified, is guilty of a:

(1) petty misdemeanor if the property or vehicle has a value of two hundred fifty dollars ($250) or less;

(2) misdemeanor if the property or vehicle has a value of over two hundred fifty dollars ($250) but not more than five hundred dollars ($500);

(3) fourth degree felony if the property or vehicle has a value of over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500);

(4) third degree felony if the property or vehicle has a value of over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000); and

(5) second degree felony if the property or vehicle has a value of over twenty thousand dollars ($20,000).

B. Failure of the lessee to return the vehicle or personal property to the place specified within seventy-two hours after mailing to the lessee by certified mail at the lessee's address shown on the leasing agreement a written demand to return the vehicle or personal property shall raise a rebuttable presumption that the failure to return the vehicle or personal property was with intent to defraud.

History: 1953 Comp., § 40A-16-40, enacted by Laws 1973, ch. 154, § 1; 1979, ch. 251, § 2; 1998, ch. 67, § 1; 2006, ch. 29, § 15.

Cross references. — For evidentiary rule regarding presumptions in criminal cases, see Rule 11-302 NMRA.

Repeals and reenactments. — Laws 1973, ch. 154, § 1, repealed former 40A-16-40, 1953 Comp., relating to refusal to return rented or leased vehicle after notice, and enacted a new 40A-16-40, 1953 comp.

The 2006 amendment, effective July 1, 2006, deleted former Paragraphs (1) through (4) of Subsection A; added a new Paragraph (1) of Subsection A to provide that if the value of the property or vehicle is $250 or less, the crime is a petty misdemeanor; added Paragraph (2) of Subsection A to provide that if the value of the vehicle or property is more than $100 but less than $500, the crime is a misdemeanor; addeds Paragraph (3) of Subsection A to provide that if the value of the property or vehicle is more than $500 but less than $2,500, the crime is a fourth degree felony; added Paragraph (4) of Subsection A to provide that if the value of the property or vehicle is more than $2,500 but less than $20,000, the crime is a third degree felony; and added Paragraph (5) of Subsection A to provide that if the value of the property or vehicle is more than $20,000, the crime is a second degree felony.

The 1998 amendment, effective July 1, 1998, rewrote Paragraphs A(1) and (2) and added Paragraphs A(3) and (4), and in Subsection B, deleted "of" following "leasing agreement".

"Intent to defraud." — Where defendant was charged with fraudulent refusal to return leased property and all of the essential elements of the crime were included in the jury instruction, but the jury instructions did not include a definitional instruction clarifying the meaning of the term "intent to defraud", a reasonable juror would understand the meaning of "intent to defraud" and the omission of a definitional instruction did not constitute fundamental error. State v. Rodarte, 2011-NMCA-067, 149 N.M. 819, 255 P.3d 397, cert. denied, 2011-NMCERT-005, 150 N.M. 666, 265 P.3d 717.

Am. Jur. 2d, A.L.R. and C.J.S. references. — State regulation of motor vehicle rental ("you-drive") business, 60 A.L.R.4th 784.