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

N.M. Stat. § 30-36-3 (2026)

Purpose

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It is the purpose of the Worthless Check Act to remedy the evil of giving checks on a bank without first providing funds in or credit with the depository on which they are made or drawn to pay or satisfy the same, which tends to create the circulation of worthless checks on banks, bad banking, check kiting and mischief to trade and commerce.

History: 1953 Comp., § 40-49-3, enacted by Laws 1963, ch. 315, § 3. ANNOTATIONS

"Issue" and "giving" same. — The term "issue" in Section 30-36-4 NMSA 1978 is used in the same sense as "giving" a check in this section, and "giving" a worthless check constitutes a representation that the drawer has credit with the drawee bank for the amount involved. State v. Libero, 1978-NMCA-055, 91 N.M. 780, 581 P.2d 873, cert. denied, 92 N.M. 180, 585 P.2d 324.

Notes of Decisions
Cited in 3 cases, 1987–2011 · leading case: State v. Cruz, 2011-NMSC-038, 263 P.3d 890.
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State v. Cruz, 2011-NMSC-038, 263 P.3d 890. · cites it 3× “Section 30-36-3. {12} Applying the Act to worthless payroll checks, with or without a lapse of time between payment and work performed, presumably furthers the purposes of the Act.”
State v. Muzio, 732 P.2d 879 (N.M. Ct. App. 1987). · cites it 2× “Thus, this is not a statute for debt collection but, rather, a statute created to punish an evil intent and an evil action.”
State v. Higgins, 762 P.2d 904 (N.M. Ct. App. 1988). “§ 30-36-3. The elements of the two crimes reflect the different purposes.”
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