A. Exploitation of a resident's property consists of the act or process, performed intentionally, knowingly or recklessly, of using a resident's property for another person's profit, advantage or benefit without legal entitlement to do so.

B. Whoever commits exploitation of a resident's property when the value of the property exploited is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

C. Whoever commits exploitation of a resident's property when the value of the property exploited is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

D. Whoever commits exploitation of a resident's property when the value of the property exploited is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

E. Whoever commits exploitation of a resident's property when the value of the property exploited is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

F. Whoever commits exploitation of a resident's property when the value of the property exploited is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

History: Laws 1990, ch. 55, § 6; 2006, ch. 29, § 25.

The 2006 amendment, effective July 1, 2006, increases the value of the property in Subsection B from $100 to $250; increases the value of the property in Subsection C from more than $100, but not more than $250, and to more than $250, but not more than $500; increases the value of the property in Subsection D from more than $250 to more than $500; deletes the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Subsections B and C; and deletes the reference to sentencing pursuant to Section 31-18-15 NMSA 1978 in Subsections D through F.