A. It is a misdemeanor for any person to:
(1) use or possess an altered, forged or fictitious identification card;
(2) alter or forge an identification card or make a fictitious identification card;
(3) lend the person's identification card to any other person or to knowingly permit the use of the person's identification card by another;
(4) display or represent as one's own any identification card not issued to the person; or
(5) make or permit any unlawful use of the identification card issued to, or received or obtained by, the person.
B. It is a felony for any person to:
(1) knowingly or willfully provide a false or fictitious name or document in any application for an identification card or knowingly make a false statement or conceal a material fact or otherwise commit a fraud in any such application; or
(2) induce or solicit another person, or conspire with another person, to violate this subsection.
C. For the purposes of this section, "identification card" means an identification card issued by the department pursuant to Section 66-5-401 or 66-5-404 NMSA 1978.
History: 1978 Comp., § 66-5-409, enacted by Laws 1991, ch. 160, § 13; 2016, ch. 79, § 13.
The 2016 amendment, effective May 18, 2016, established a penalty for making or permitting any unlawful use of an identification card, and increased the penalties for certain crimes connected to the application for an identification card; in Subsection A, Paragraph (5), deleted "use", added "make or permit any unlawful use of the identification card issued to, or received or obtained by, the person", added the subsection designation "B" and redesignated former Subsection B as Subsection C; in new Subsection B, added "It is a felony for any person to:", and designated the language from former Paragraph (5) of Subsection A as Paragraph (1) of Subsection B; in Paragraph (1), added "knowingly or willfully provide", and after "false or fictitious name", added "or document", and deleted former Paragraph (6) of Subsection A; and added new Paragraph 2 of Subsection B.
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