A person who knowingly and willfully engages in telemarketing to or from a telephone located in New Mexico with the intent to embezzle or to obtain money, property or any thing of value by fraudulent pretenses, representations or promises in the course of a telephone communication, when the:
A. money, property or thing has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor;
B. money, property or thing 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. money, property or thing 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. money, property or thing 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. money, property or thing has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony.
History: Laws 1995, ch. 37, § 4; 2006, ch. 29, § 26.
ANNOTATIONSThe 2006 amendment, effective July 1, 2006, in Subsection A, changed the value from less than $250 to $250 or less and changed the crime from a misdemeanor to a petty misdemeanor; in Subsection B, changed the damage from $250 or more, but not more than $2,500, and to more than $250, but not more than $500 and changed the crime from a fourth degree felony to a misdemeanor; added Subsection C to provide that if the value is more than $500, but less than $2,500, the crime is a fourth degree felony; provided in Subsection D (formerly Subsection C) that the value is more than $2,500, but not more than $20,000; deleted the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Subsection A; and deleted the reference to sentencing pursuant to Section 31-18-15 NMSA 1978 in Subsections B, D (formerly Subsection C) and E (formerly Subsection D).