Altered, forged or fictitious license; penalty.

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A. A person who uses or possesses an altered, forged or fictitious driver's license, permit or identification card is guilty of a misdemeanor.

B. A person who alters or forges a driver's license, permit or identification card or who makes a fictitious driver's license, permit or identification card is guilty of a fourth degree felony.

C. A person who possesses or uses a fraudulent, counterfeit or forged document to apply for or renew a driver's license, permit or identification card is guilty of a fourth degree felony.

History: 1953 Comp., § 64-5-18, enacted by Laws 1978, ch. 35, § 240; 2004, ch. 59, § 12.

ANNOTATIONS

Cross references. — For display or possession of cancelled or false license being a misdemeanor, see 66-5-37 NMSA 1978.

For the penalty for a misdemeanor under the Motor Vehicle Code, see 66-8-7 NMSA 1978.

For the penalty for a Motor Vehicle Code felony, see 66-8-9 NMSA 1978.

For the penalty for a fourth-degree felony, see 31-18-15 NMSA 1978.

The 2004 amendment, effective March 4, 2004, amended Subsection A to add "or identification card" and added Subsection C.

Possession of false driver's license is forbidden because it is illegal or illicit and comes within the definition of "contraband." State v. James, 1978-NMCA-046, 91 N.M. 690, 579 P.2d 1257, cert. denied, 91 N.M. 751, 580 P.2d 972.


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