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

N.M. Stat. § 30-16D-1 (2026)

Unlawful taking of a vehicle or motor vehicle.

✓ current as of May 2026
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A. Unlawful taking of a vehicle or motor vehicle consists of a person taking any
vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to
8 NMSA 1978] intentionally and without consent of the owner. Whoever commits
unlawful taking of a vehicle or motor vehicle is guilty of a felony as provided in Section
Notes of Decisions
Cited in 42 cases (14 in the last 5 years), 2011–2025 · 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 2× “See NMSA 1978, § 66-3-504(A)(2) (1998) (recompiled and amended as NMSA 1978, § 30-16D-1 by Laws 2009, ch. 253, § 1 and Laws 2009, ch.”
State v. Monafo, 2016 NMCA 092 (N.M. Ct. App. 2016). · cites it 8× “Deputy Seely arrested Defendant for the unlawful taking of a vehicle, contrary to NMSA 1978, § 30-16D-1 (2009). A. Procedural History {6} Traffic violations arising from the first stop were charged separately from the unlawful taking of a vehicle charge arising from the second…”
State v. Hildreth, 506 P.3d 354 (N.M. 2022). · cites it 2× “NMSA 1978, § 30-3-16(B), (C) (2008, amended 2018); NMSA 1978, § 30-16D-1 (2009). At the arraignment the following month, Defendant was found to be indigent, and Steven Seeger was appointed to represent him.”
United States v. Pena, 963 F.3d 1016 (10th Cir. 2020). “§ 30-3- 16 8 (shooting at a dwelling or occupied building, or shooting at or from a motor vehicle) and N.M. Stat. § 30-16D-1 (unlawful taking of a vehicle or motor vehicle).”
State v. Jesenya O., 2021 NMCA 030 (N.M. Ct. App. 2021). · cites it 2× “(Child) appeals her adjudications of delinquency for unlawful taking of a motor vehicle, contrary to NMSA 1978, Section 30-16D-1 (2009), and reckless driving, contrary to NMSA 1978, Section 66-8-113 (1987).”
State v. Bernard, 2015 NMCA 089 (N.M. Ct. App. 2015). · cites it 2× “See NMSA 1978, §§ 30-16D-1 to -3 (2009) 6 (prohibiting the unlawful taking of a vehicle or motor vehicle, embezzlement of a 7 vehicle or motor vehicle, and misappropriating a vehicle or motor vehicle by fraud); 8 see also NMSA 1978, §§ 30-16D-5 to -6 (2009) (prohibiting injuring…”
State v. Yepez, 428 P.3d 301 (N.M. Ct. App. 2018). · cites it 2× “{1} Defendant Anthony Blas Yepez was convicted by a jury for second-degree murder, contrary to NMSA 1978, Section 30-2-1(B) (1994) ; tampering with evidence, contrary to NMSA 1978, Section 30-22-5 (2003) ; and unlawful taking of a motor vehicle, contrary to NMSA 1978, Section…”
State v. Holbert, 556 P.3d 603 (N.M. Ct. App. 2024). · cites it 2× “Defendant’s competency became an issue after she was charged with aggravated assault with a deadly weapon, contrary to NMSA 1978, Section 30-3-2(A) (1963), unlawful taking of a motor vehicle, contrary to NMSA 1978, Section 30-16D-1 (2009), and use of a telephone to harass,…”
Holmes v. Grant Cnty. Sheriff Dep't, 347 F. Supp. 3d 815 (D.N.M. 2018). “§ 30-16D-1 (unlawful taking of a vehicle or motor vehicle); N.”
State v. Monafo, 2016 NMCA 92 (N.M. Ct. App. 2016). · cites it 10× “Deputy Seely arrested Defendant for the unlawful taking of a vehicle, contrary to NMSA 1978, § 30-16D-1 (2009). A. Procedural History {6} Traffic violations arising from the first stop were charged separately from the unlawful taking of a vehicle charge arising from the second…”
State v. Hildreth, 448 P.3d 585 (N.M. Ct. App. 2019). · cites it 2× “Defendant was charged in 2016 with misdemeanor aggravated battery against a household member without great bodily harm, NMSA 1978, § 30-3-16(B) (2008, amended 2018) (Count 1), unlawful taking of a motor vehicle, NMSA 1978, § 30-16D-1 (2009) (Count 2), and felony aggravated…”
State v. Pennington (N.M. Ct. App. 2018). · cites it 17× “3 DISCUSSION 4 {4} Defendant appeals, arguing (1) the unlawful taking of a motor vehicle 5 statute, in prohibiting the unlawful “taking,” also requires evidence of asportation; 6 (2) this off-road motorcycle is not a “vehicle” for purposes of the unlawful taking 7 of a motor…”
Show all 42 citing cases →
— N.M. Stat. § 30-16D-1(A) — 19 cases
State v. Monafo, 2016 NMCA 092 (N.M. Ct. App. 2016). “Deputy Seely arrested Defendant for the unlawful taking of a vehicle, contrary to NMSA 1978, § 30-16D-1 (2009). A. Procedural History {6} Traffic violations arising from the first stop were charged separately from the unlawful taking of a vehicle charge arising from the second…”
State v. Yepez, 428 P.3d 301 (N.M. Ct. App. 2018). “{1} Defendant Anthony Blas Yepez was convicted by a jury for second-degree murder, contrary to NMSA 1978, Section 30-2-1(B) (1994) ; tampering with evidence, contrary to NMSA 1978, Section 30-22-5 (2003) ; and unlawful taking of a motor vehicle, contrary to NMSA 1978, Section…”
State v. Monafo, 2016 NMCA 92 (N.M. Ct. App. 2016). “Deputy Seely arrested Defendant for the unlawful taking of a vehicle, contrary to NMSA 1978, § 30-16D-1 (2009). A. Procedural History {6} Traffic violations arising from the first stop were charged separately from the unlawful taking of a vehicle charge arising from the second…”
State v. Peters (N.M. Ct. App. 2016).
State v. Buecker, 548 P.3d 447 (N.M. Ct. App. 2023).
— N.M. Stat. § 30-16D-1(A)(1) — 8 cases
State v. Roberts (N.M. Ct. App. 2021).
State v. Torres, Jr. (N.M. Ct. App. 2018).
State v. Pennington (N.M. Ct. App. 2018). “3 DISCUSSION 4 {4} Defendant appeals, arguing (1) the unlawful taking of a motor vehicle 5 statute, in prohibiting the unlawful “taking,” also requires evidence of asportation; 6 (2) this off-road motorcycle is not a “vehicle” for purposes of the unlawful taking 7 of a motor…”
State v. Boyle (N.M. 2023).
State v. Chavez (N.M. Ct. App. 2019).
— N.M. Stat. § 30-16D-1(B) — 1 case
State v. Ahidley (N.M. Ct. App. 2022).
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