{"id":375120,"date":"2016-04-11T01:23:26","date_gmt":"2016-04-11T06:23:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-credit-and-debit-card-fraud.html"},"modified":"2016-06-20T19:51:17","modified_gmt":"2016-06-21T00:51:17","slug":"new-mexico-credit-and-debit-card-fraud","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-credit-and-debit-card-fraud.html","title":{"rendered":"New Mexico Credit and Debit Card Fraud"},"content":{"rendered":"\n
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New Mexico Credit and Debit Card Fraud<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If someone steals your wallet and uses your credit card, both identity theft<\/a> and credit card fraud<\/a> has been committed. Credit card (or debit card fraud) is a type of identity theft that usually involves taking another’s credit card information with the intent to defraud. However, credit and debit card fraud are broad terms that also covers forging new cards and merchants who fraudulently claim that credit card transactions took place. Each state individually criminalizes credit and debit card fraud.<\/p>\n

In New Mexico, a "credit card" is defined as any instrument or device issued for a cardholder to use in obtaining money, goods, services, or anything else of value, either on credit or on previously deposited funds. These devices are referred to by many names, but are generally called credit cards and debit cards. This article provides a brief overview of the main laws that criminalize credit and debit card fraud in New Mexico.<\/p>\n

Fraudulent Use of a Credit Card<\/h2>\n\n

Code Section <\/b><\/p>\n<\/td>\n

New Mexico Code section 30-16-33: Fraudulent Use of a Credit Card<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

Obtaining anything of value, with the intent to defraud, by using a credit card that is:
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  • Fraudulently obtained<\/li>\n
  • Invalid, expired, or revoked<\/li>\n
  • Presented to a merchant by someone fraudulently representing that they are the cardholder<\/li>\n
  • Issued in someone else’s name (without that person’s consent)<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

If the value fraudulently obtained within a six-month period is: