New Mexico Statutes
N.M. Stat. § 30-45-5 (2026)
Unauthorized computer use.
✓ current as of May 2026
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A person who knowingly, willfully and without authorization, or having obtained
authorization, uses the opportunity the authorization provides for purposes to which the
authorization does not extend, directly or indirectly accesses, uses, takes, transfers,
conceals, obtains, copies or retains possession of any computer, computer network,
computer property, computer service, computer system or any part thereof, when the:
A. damage to the computer property or computer service has a value of two
hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor;
B. damage to the computer property or computer service has a value of more than
two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty
of a misdemeanor;
C. damage to the computer property or computer service has a value of more than
five hundred dollars ($500) but not more than two thousand five hundred dollars
($2,500), is guilty of a fourth degree felony;
D. damage to the computer property or computer service has a value of more than
two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars
($20,000), is guilty of a third degree felony; or
E. damage to the computer property or computer service has a value of more than
twenty thousand dollars ($20,000), is guilty of a second degree felony.
History: Laws 1989, ch. 215, § 5; 2006, ch. 29, § 24.
ANNOTATIONS
The 2006 amendment, effective July 1, 2006, increased the value in Subsection A from
$100 to $250; increased the value in Subsection B from more than $100 but not more
than $250 to more than $250 but not more than $500; increased the value in Subsection
C from more than $250 to more than $500; deleted the reference to sentencing
pursuant to Section 31-19-1 NMSA 1978 in Subsection B; and deleted the reference to
sentencing pursuant Section 31-18-15 NMSA 1978 in Subsections C through E.Notes of Decisions
Cited in 1
case, 1998–1998 · leading case: Briggs v. State, 704 A.2d 904 (Md. 1998).
Briggs v. State, 704 A.2d 904 (Md. 1998). “1997) (prohibiting access "in excess of authorization given or without authorization”); N.M. Stat. Ann. § 30-45-5 (Michie Supp.1996) (criminalizing the unauthorized computer use of "any person who knowingly, willfully and without authorization, or having obtained authorization,…”
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