N.M. Stat. » N.M. Stat. / Chapter 30 / Article 16
New Mexico Statutes

N.M. Stat. § 30-16-25 (2026)

Credit cards; definitions.

✓ current as of May 2026
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As used in Sections 30-16-25 through 30-16-38 NMSA 1978:

   A. "cardholder" means the person or organization identified on the face of a credit
card to whom or for whose benefit the credit card is issued by an issuer;

   B. "credit card" means:

       (1)     any instrument or device, whether known as a credit card, credit plate,
charge card or by any other name, issued with or without fee by an issuer for the use of
the cardholder in obtaining money, goods, services or anything else of value, either on
credit or in consideration of an undertaking or guarantee by the issuer of the payment of
a check drawn by the cardholder; or

       (2)    a credit card account number;

   C. "expired credit card" means a credit card which shows on its face that it is
outdated;

   D. "issuer" means the business organization or financial institution, or its duly
authorized agent, which issues a credit card;

   E. "participating party" means a business organization, or financial institution, other
than the issuer, which acquires for value a sales slip or agreement;

   F. "sales slip or agreement" means any writing evidencing a credit card transaction;
   G. "merchant" means every person who is authorized by an issuer or a participating
party to furnish money, goods, services or anything else of value upon presentation of a
credit card by a cardholder;

   H. "incomplete credit card" means a credit card upon which a part of the matter,
other than the signature of the cardholder, which an issuer requires to appear on the
credit card before it can be used by a cardholder, has not been stamped, embossed,
imprinted or written on it;

   I. "revoked credit card" means a credit card for which the permission to use has
been suspended or terminated by the issuer, and notice thereof has been given to the
cardholder; and

   J. "anything of value" includes money, goods and services.

History: 1953 Comp., § 40A-16-24, enacted by Laws 1971, ch. 239, § 1; 1999, ch. 17,
§ 1.

                                      ANNOTATIONS

Cross references. — For fraudulently obtaining telecommunications services, see 30-
33-12 to 30-33-14 NMSA 1978.

For the Credit Card Act, see 56-4-1 NMSA 1978.

Repeals and reenactments. — Laws 1971, ch. 239, § 15, repealed 40A-16-24, 1953
Comp., relating to definitions regarding credit cards, and Laws 1971, ch. 239, § 1,
enacted a new section.

The 1999 amendment, effective July 1, 1999, updated statutory references, and in
Subsection B added the Paragraph (1) designation and added Paragraph (2).

Definition of credit card. — An electronic benefits transfer (EBT) card issued to a
public assistance recipient is not a credit card under Section 30-16-33 NMSA 1978,
State v. Martinez, 2001-NMCA-099, 131 N.M. 254, 34 P.3d 643.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Credit card issuer's liability, under state
laws, for wrongful billing, cancellation, dishonor, or disclosure, 53 A.L.R.4th 231.
Notes of Decisions
Cited in 4 cases, 1982–2013 · leading case: State v. Castillo, 252 P.3d 760 (N.M. Ct. App. 2011).
Sort: Relevance Newest Treatment
State v. Castillo, 252 P.3d 760 (N.M. Ct. App. 2011). · cites it 6× “The defendant argued that the EBT card is not a credit card as defined in Section 30-16-25(B) and, therefore, the evidence was insufficient to support his conviction.”
State v. Martinez, 2001 NMCA 099 (N.M. Ct. App. 2001). · cites it 32× “Definition of ‘‘Credit Card” in Section 30-16-25 (B) {2} Section 30-16-33(A)(4) prohibits the use of someone else’s credit card without consent to obtain something of value with the intent to defraud.”
State v. Salazar, 644 P.2d 1059 (N.M. Ct. App. 1982). “A person is guilty of a fourth degree felony if, with intent to defraud, he uses, to obtain anything of value: (1) a credit card obtained in violation of Sections 30-16-25 through 30-16-38 NMSA 1978; or (2) a credit card which is invalid, expired or revoked; or (3) a credit card…”
Neal v. State, 109 So. 3d 1245 (Fla. 2d DCA 2013). “550-650, 660-670, 680, 690 (West 1970); N.M. Stat. Ann. §§ 30-16-25 to -38 (West 1971); V.”
— N.M. Stat. § 30-16-25(B) — 2 cases
State v. Martinez, 2001 NMCA 099 (N.M. Ct. App. 2001). “Definition of ‘‘Credit Card” in Section 30-16-25 (B) {2} Section 30-16-33(A)(4) prohibits the use of someone else’s credit card without consent to obtain something of value with the intent to defraud.”
State v. Castillo, 252 P.3d 760 (N.M. Ct. App. 2011). “The defendant argued that the EBT card is not a credit card as defined in Section 30-16-25(B) and, therefore, the evidence was insufficient to support his conviction.”
— N.M. Stat. § 30-16-25(B)(l) — 2 cases
State v. Castillo, 252 P.3d 760 (N.M. Ct. App. 2011). “The defendant argued that the EBT card is not a credit card as defined in Section 30-16-25(B) and, therefore, the evidence was insufficient to support his conviction.”
State v. Martinez, 2001 NMCA 099 (N.M. Ct. App. 2001). “Definition of ‘‘Credit Card” in Section 30-16-25 (B) {2} Section 30-16-33(A)(4) prohibits the use of someone else’s credit card without consent to obtain something of value with the intent to defraud.”
— N.M. Stat. § 30-16-25(D) — 1 case
State v. Martinez, 2001 NMCA 099 (N.M. Ct. App. 2001). “Definition of ‘‘Credit Card” in Section 30-16-25 (B) {2} Section 30-16-33(A)(4) prohibits the use of someone else’s credit card without consent to obtain something of value with the intent to defraud.”
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