{"id":375141,"date":"2016-03-31T21:36:02","date_gmt":"2016-04-01T02:36:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-identity-theft-laws.html"},"modified":"2016-06-20T19:48:45","modified_gmt":"2016-06-21T00:48:45","slug":"new-mexico-identity-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-identity-theft-laws.html","title":{"rendered":"New Mexico Identity Theft Laws"},"content":{"rendered":"\n
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New Mexico Identity Theft Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\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

\u201cIdentity theft\u201d can seem funny when portrayed in a Hollywood comedy, but in real life it can be closer to a horror movie. And with so much of our lives spent online these days, having your identity stolen through electronic fraud is even more of a danger. So what does it legally mean to have your identity stolen? And what is the Land of Enchantment doing to protect citizens from identity theft and prosecute identity thieves? This is a basic overview of identity theft laws in New Mexico.<\/p>\n

Identity Theft Laws<\/h2>\n

Identity theft is when one person obtains the identifying information of another without authorization or consent and with the intent to defraud the person or sell the information to another for an illegal purpose. And as noted above, the more we use our private identifying information in public ways, like on the Internet for banking and bill payment, the more prevalent identity theft<\/a> scams have become. Identity theft is a felony under New Mexico law, punishable by up to 18 years in prison, $15,000 in fines, and restitution to the victim.<\/p>\n

New Mexico Identity Theft Statutes<\/h2>\n

New Mexico\u2019s identity theft statutes are highlighted below.<\/p>\n\n

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

New Mexico Statutes 30-16-24.1<\/a>: Theft of Identity<\/p>\n<\/td>\n<\/tr>

Classification of Crime\/Penalties<\/p>\n<\/td>\n

4th Degree Felony<\/p>\n

In addition to other punishment, perpetrator shall be ordered to make restitution to victim for out-of-pocket costs, attorney fees, costs to clear credit rating, costs of civil\/administrative proceeding to satisfy debt, lien, or other obligation resulting from crime<\/p>\n<\/td>\n<\/tr>

Who May Prosecute<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Exemptions to Identity Theft Laws<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Civil Lawsuit Allowed?<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Civil Remedies Available<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Misc.<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

While identity theft laws can penalize criminals after the crime has occurred, it is up to you to protect yourself against identity theft<\/a>:<\/p>\n