A. Any person who knowingly and willfully violates any of the provisions of Section
14 [58-16-14 NMSA 1978] of the Remote Financial Service Unit Act may be found guilty
of a petty misdemeanor.
B. Any person who makes an unauthorized withdrawal from the account of another
person with a financial institution, or who steals the card of another, or who makes an
unauthorized use of the card of another is guilty of a fourth degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: 1978 Comp., § 58-16-16, enacted by Laws 1990, ch. 123, § 16.
ANNOTATIONS
Repeals and reenactments. — Laws 1990, ch. 123, § 18 repealed the Remote
Financial Service Unit Act, as enacted by Laws 1977, ch. 359, §§ 1 to 17 and enacted a
new Remote Financial Service Unit Act, effective May 16, 1990.
Debit card theft. — Unlike Section 30-16-33 NMSA 1978, this section contemplates
prosecution specifically for the unauthorized use of a debit card. Unlike the fraudulent
use of a credit card, the fraudulent use of a debit card has immediate consequences for
the victim as it causes the victim’s checking account to be debited immediately. The
separate penalty provisions of these statutes establishes that the legislature intended to
punish violations of RFSUA differently than violations of Section 30-16-33 NMSA 1978.
State v. Castillo, 2011-NMCA-046, 149 N.M. 536, 252 P.3d 760, cert. denied, 2011-
NMCERT-004.
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 2001–2023 · leading case:
State v. Castillo, 252 P.3d 760 (N.M. Ct. App. 2011).
State v. Castillo, 252 P.3d 760 (N.M. Ct. App. 2011).
· cites it 11× “See § 58-16-16; Verdugo, 2007-NMCA-095, ¶ 28 , 142 N.”
State v. Verdugo, 164 P.3d 966 (N.M. Ct. App. 2007).
· cites it 2× “NMSA 1978, § 58-16-16(B) (1990) (stating that "[a]ny person who makes an unauthorized withdrawal from the account of another person with a financial institution, or who steals the card of another, or who makes an unauthorized use of the card of another is guilty of a…”
State v. Martinez, 2001 NMCA 099 (N.M. Ct. App. 2001).
· cites it 4× “Section 58-16-16(B). In 1999, the legislature defined “card” as “a plastic card or other instrument .”
State v. Rodriguez, 528 P.3d 614 (N.M. 2023).
· cites it 2× “lty to one count of aggravated burglary (deadly weapon), pursuant to NMSA 1978, Section 30-16- 4(A) (1963) and NMSA 1978, Section 31-18-16 (1993, amended 2022); two counts of conspiracy to commit aggravated burglary (deadly weapon), pursuant to NMSA 1978, Section 30-28-2 (1979)…”
State v. Perkins (N.M. Ct. App. 2016).
· cites it 2× “1 {1} Defendant has appealed from numerous convictions for unauthorized use or 2 theft of the debit cards of another, pursuant to NMSA 1978, Section 58-16-16(B) 3 (1990). We previously issued a notice of proposed summary disposition.”
State v. Rodriguez (N.M. Ct. App. 2023).
· cites it 2× “1963); two counts of conspiracy to commit aggravated burglary (deadly weapon), contrary to NMSA 1978, Section 30- 28-2 (1979) and Section 30-16-4(A); three counts of residential burglary, contrary to NMSA 1978, Section 30-16-3(A) (1971); two counts of auto burglary, contrary to…”
Franklin v. Lucero (D.N.M. 2019).
· cites it 2× “cted of one count of first degree murder, contrary to NMSA 1978, Section 30-02-01(A)(1) (1994); one count of tampering with evidence, contrary to NMSA 1978, Section 30-22-05 (2003); one count of conspiracy to tamper with evidence, contrary to NMSA 1978, Sections 30-22-05 and…”
State v. Rodriguez (N.M. Ct. App. 2019).
· cites it 2× “voluntarily pled guilty to one count of aggravated burglary (deadly weapon), pursuant to NMSA 1978, Section 30-16-4(A) and NMSA 1978, Section 31-18- 16 (1993); two counts of conspiracy to commit aggravated burglary (deadly weapon), pursuant to NMSA 1978, Section 30-28-2 (1979)…”
State v. Anaya (N.M. Ct. App. 2022).
· cites it 2× “1 Defendant argues that (1) the victim’s in- 1Defendant was also convicted of unauthorized use of the card of another, contrary to NMSA 1978, Section 58-16-16 (1990), and theft of identity, contrary to NMSA 1978, Section 30-16-24.”
State v. Morales (N.M. Ct. App. 2010).
“, NMSA 6 1978, § 58-16-16 (1990) (criminal penalty relating to unlawful possession of debit 7 cards).”
N.M. Stat. § 58-16-16(B): 7 cases
State v. Castillo, 252 P.3d 760 (N.M. Ct. App. 2011).
“See § 58-16-16; Verdugo, 2007-NMCA-095, ¶ 28 , 142 N.”
State v. Verdugo, 164 P.3d 966 (N.M. Ct. App. 2007).
“NMSA 1978, § 58-16-16(B) (1990) (stating that "[a]ny person who makes an unauthorized withdrawal from the account of another person with a financial institution, or who steals the card of another, or who makes an unauthorized use of the card of another is guilty of a…”
State v. Martinez, 2001 NMCA 099 (N.M. Ct. App. 2001).
“Section 58-16-16(B). In 1999, the legislature defined “card” as “a plastic card or other instrument .”
State v. Rodriguez, 528 P.3d 614 (N.M. 2023).
“lty to one count of aggravated burglary (deadly weapon), pursuant to NMSA 1978, Section 30-16- 4(A) (1963) and NMSA 1978, Section 31-18-16 (1993, amended 2022); two counts of conspiracy to commit aggravated burglary (deadly weapon), pursuant to NMSA 1978, Section 30-28-2 (1979)…”
State v. Perkins (N.M. Ct. App. 2016).
“1 {1} Defendant has appealed from numerous convictions for unauthorized use or 2 theft of the debit cards of another, pursuant to NMSA 1978, Section 58-16-16(B) 3 (1990). We previously issued a notice of proposed summary disposition.”
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.