A person who receives money, goods, services or anything else of value obtained in violation of Section 30-16-33 NMSA 1978, and who knows or has reason to believe that it was so obtained, violates this section. The degree of the offense is determined as follows:
A. when the value of all things of value obtained from a person in violation of this section is two hundred fifty dollars ($250) or less in any consecutive six-month period, then the offense is a petty misdemeanor;
B. when the value of all things of value obtained from a person in violation of this section is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any consecutive six-month period, then the offense is a misdemeanor;
C. when the value of all things of value obtained from a person in violation of this section is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any consecutive six-month period, then the offense is a fourth degree felony;
D. when the value of all things of value obtained from a person in violation of this section is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any consecutive six-month period, then the offense is a third degree felony; or
E. when the value of all things of value obtained from a person in violation of this section is more than twenty thousand dollars ($20,000) in any consecutive six-month period, then the offense is a second degree felony.
History: 1953 Comp., § 40A-16-36, enacted by Laws 1971, ch. 239, § 12; 2006, ch. 29, § 13.
ANNOTATIONSThe 2006 amendment, effective July 1, 2006, changed the statutory references from the 1953 references to the NMSA 1978 references; increased the value of the property in Subsection A from $100 or less to $250 or less; increased the value of the property in Subsection B from more than $100 but less than $300 in a consecutive six-month period to more than $250 but less than $500 in a consecutive six-month period; replaced former Subsection C, which provided that if the value of things obtained exceeds $300 in a consecutive six-month period the offense was a third degree felony, with Subsections C through E.