A person commits the criminal offense (crime) of theft—also known as stealing—by unlawfully taking or appropriating the property of another person or entity with the intent to deprive the owner of the property.
Taking or appropriating property is generally unlawful if it is done without the owner's effective consent—for example, if the property was taken by threat, deception, or extortion.
In New Mexico, theft is defined under the New Mexico Statutes Annotated (NMSA) 1978, Section 30-16-1. A person commits the crime of theft, also referred to as larceny, by unlawfully taking or exercising unauthorized control over someone else's property with the intent to deprive the owner of their property. The severity of the theft charge in New Mexico can range from a petty misdemeanor to a second-degree felony, depending on the value of the property stolen. Theft of property valued at $250 or less is considered a petty misdemeanor, while theft of property over $20,000 is classified as a second-degree felony. Theft by deception, extortion, or without the owner's effective consent falls under this statute and is punishable according to the value of the property taken and other relevant circumstances. It is important for individuals accused of theft to consult with an attorney to understand the specific charges and potential defenses available to them under New Mexico law.