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

N.M. Stat. § 30-16-38 (2026)

Applicability of other laws.

✓ current as of May 2026
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The provisions of Sections 30-16-25 through 30-16-38 NMSA 1978 shall not be
construed to preclude the applicability of any other provision of the criminal law of this
state or any municipality thereof that presently applies or may in the future apply to any
transaction that violates the cited provisions, unless the other state or municipal law is
inconsistent with the terms of the cited provisions.

History: 1953 Comp., § 40A-16-38, enacted by Laws 1971, ch. 239, § 14.

                                     ANNOTATIONS

Severability. — Laws 1971, ch. 239, § 16, provided for the severability of the act if any
part or application thereof is held invalid.
Notes of Decisions
Cited in 4 cases, 2010–2017 · leading case: State v. Gutierrez, 258 P.3d 1024 (N.M. 2011).
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State v. Gutierrez, 258 P.3d 1024 (N.M. 2011). · cites it 4× “See NMSA 1978, § 30-16-38 (1971) (providing that the statutory sections dealing with the various forms that credit card crimes might take "shall not be construed to preclude the applicability of any other provision of the criminal law of this state or any municipality thereof…”
State v. Gutierrez, 2011 NMSC 24 (N.M. 2010). · cites it 2× “See NMSA 1978, § 30-16-38 (1971) (providing that the statutory sections dealing with the various forms that credit card crimes might take “shall not be construed to preclude the applicability of any other provision of the criminal law of this state or any municipality thereof…”
State v. Cordova (N.M. Ct. App. 2017). · cites it 2× “3d 1024 (discussing NMSA 1978, Section 30-16-38 (1971) and noting that 2 our Legislature knows how to provide for multiple punishments depending upon the 3 circumstances of the particular crime).”
State v. Morales (N.M. Ct. App. 2010). · cites it 2× “” See NMSA 1978, § 30-16-38 (1971). Further, the Legislature has enacted 4 separate and distinct statutory provisions that prohibit the unlawful possession and use 5 of property items distinct from credit cards, such as debit cards.”
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