N.M. Stat. » Chapter 30 — Criminal Offenses
New Mexico Statutes

N.M. Stat. § 30-36-1 (2026)

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✓ current as of May 2026
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This act [30-36-1 to 30-36-9 NMSA 1978] may be cited as the "Worthless Check Act".

History: 1953 Comp., § 40-49-1, enacted by Laws 1963, ch. 315, § 1.

ANNOTATIONS

Relation to general fraud statute. — The general fraud statute (Section 30-16-6 NMSA 1978) and this act prohibit different offenses, and it is inappropriate to view this act as an exception to the fraud statute. State v. Higgins, 1988-NMCA-072, 107 N.M. 617, 762 P.2d 904.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of "bad check" statute with respect to check in payment of preexisting debt, 59 A.L.R.2d 1159.

Constitutionality of "bad check" statute, 16 A.L.R.4th 631.

Notes of Decisions
Cited in 8 cases, 1987–2011 · leading case: State v. Collins, 166 P.3d 480 (N.M. Ct. App. 2007).
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State v. Collins, 166 P.3d 480 (N.M. Ct. App. 2007). · cites it 2× “The State then initiated criminal proceedings against the defendant under the Worthless Check Act, NMSA 1978, §§ 30-36-1 to -10 (1963, as amended through 1984).”
State v. Cruz, 263 P.3d 890 (N.M. 2011). · cites it 4× “Because the worthless checks were issued a week after the last day of the pay period, the Court of Appeals reversed the convictions, relying on previous opinions of our respective courts to conclude that the Worthless Cheek Act (“the modern Act”), NMSA 1978, §§ 30-36-1 to -10…”
State v. Cruz, 2010 NMCA 11 (N.M. Ct. App. 2009). · cites it 2× “{29} Defendant was charged with four counts of issuing worthless checks over $25 or more pursuant to Section 30-36-4 of the Worthless Check Act, NMSA 1978, §§ 30-36-1 to -10 (1963, as amended through 1984).”
State v. Platt, 845 P.2d 815 (N.M. Ct. App. 1992). · cites it 2× “On appeal he argues that: (1) the check in question was given for a pre-existing debt, which, as a matter of law, did not violate the Worthless Check Act, NMSA 1978, §§ 30-36-1 to -10 (Repl.Pamp.1989); (2) the evidence that the victim had reason to believe that defendant did not…”
State v. Muzio, 732 P.2d 879 (N.M. Ct. App. 1987). · cites it 2× “” The issue of whether a criminal proceeding initiated against defendant under the state Worthless Check Act, NMSA 1978, Sections 30-36-1 to -10 (Repl.Pamp.1980 and Cum.”
State v. Higgins, 762 P.2d 904 (N.M. Ct. App. 1988). “We discuss (1) the sufficiency of the evidence as to counts I and II; (2) whether defendant should have been prosecuted under the Worthless Check Act (the Act), see NMSA 1978, Sections 30-36-1 to -9 (Repl.Pamp.1987), rather than the general fraud statute, see 1979 N.”
In re Arrieta, 733 P.2d 866 (N.M. 1987). “Shortly thereafter Arrieta wrote demand letters to Hawkins, Steele and Ray, citing provisions of the Worthless Check Act, NMSA 1978, Sections 30-36-1 through -10 (Repl.Pamp.1980 and Cum.”
State v. Cruz, 228 P.3d 1173 (N.M. Ct. App. 2010). · cites it 2× “{29} Defendant was charged with four counts of issuing worthless checks over $25 or more pursuant to Section 30-36-4 of the Worthless Check Act, NMSA 1978, §§ 30-36-1 to -10 (1963, as amended through 1984).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.