A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend, directly or indirectly accesses, uses, takes, transfers, conceals, obtains, copies or retains possession of any computer, computer network, computer property, computer service, computer system or any part thereof, when the:

A. damage to the computer property or computer service has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor;

B. damage to the computer property or computer service has a value of more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty of a misdemeanor;

C. damage to the computer property or computer service has a value of more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500), is guilty of a fourth degree felony;

D. damage to the computer property or computer service has a value of more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), is guilty of a third degree felony; or

E. damage to the computer property or computer service has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony.

History: Laws 1989, ch. 215, § 5; 2006, ch. 29, § 24.

The 2006 amendment, effective July 1, 2006, increased the value in Subsection A from $100 to $250; increased the value in Subsection B from more than $100 but not more than $250 to more than $250 but not more than $500; increased the value in Subsection C from more than $250 to more than $500; deleted the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Subsection B; and deleted the reference to sentencing pursuant Section 31-18-15 NMSA 1978 in Subsections C through E.