A. Any person who knowingly appropriates cultural property located on state land without a permit is guilty of larceny.
B. Any person who solicits, employs or counsels another person to appropriate cultural property located on state land without a permit is guilty of larceny.
C. Any person who receives, traffics in or sells cultural property appropriated from state land without a valid permit is guilty of larceny.
D. Whoever commits larceny pursuant to the provisions of this section and the value of the property appropriated is:
(1) less than one hundred dollars ($100) is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
(2) over one hundred dollars ($100) but less than two hundred fifty dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
(3) two hundred dollars ($200) or more but less than two thousand five hundred ($2,500) is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(4) two thousand five hundred dollars ($2,500) or more but less than twenty thousand dollars ($20,000) is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
(5) more than twenty thousand dollars ($20,000) is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: 1978 Comp., § 18-6-9.1, enacted by Laws 1993, ch. 176, § 9.
ANNOTATIONSRecompilations. — Laws 1993, ch. 176, § 12, recompiles former 18-6-9.1 NMSA 1978, as enacted by Laws 1986, ch. 10, § 5, relating to the review of proposed state undertakings, as 18-6-8.1 NMSA 1978, effective June 18, 1993.