New Mexico Statutes

N.M. Stat. § 30-16-35 (2026)

Possession of incomplete credit cards or machinery,

✓ current as of May 2026

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plates or other contrivance.
    A. Any person who possesses an incomplete credit card, with intent to defraud, is
guilty of a misdemeanor. Possession of four or more incomplete credit cards, with intent
to defraud, is a fourth degree felony.

    B. Any person, who with intent to defraud, possesses machinery, plates or any
other contrivance designed to reproduce instruments purporting to be credit cards of an
issuer who has not consented to the preparation of such credit cards, is guilty of a fourth
degree felony.

History: 1953 Comp., § 40A-16-35, enacted by Laws 1971, ch. 239, § 11.

Notes of Decisions

Cited in 2 cases, 1993–2005 · leading case: State v. Green, 861 P.2d 954 (N.M. 1993).

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State v. Green, 861 P.2d 954 (N.M. 1993). · cites it 2× “1984) (defining fraudulent acts by merchants or their employees to require "intent to defraud”), with SCRA 1986, 14-1693 (intent to deceive or cheat the victim is essential element of fraudulent acts by merchants or their employees), with SCRA 1986, 14-1694 (defining fraudulent…”

United States v. Martinez-Hernandez, 422 F.3d 1084 (10th Cir. 2005). “” See N.M. Stat. Ann. § 30-16-35 . To determine whether this conviction qualified as a burglary for purposes of an enhancement under the Armed Career Criminal Act, which includes only burglaries of “a building or structure,” the Court looked to the indictment and guilty plea,…”

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