Unlawful Taking of a Vehicle or Motor Vehicle in New Mexico is a crime that involves one party intentionally taking a vehicle from another without permission. This crime recognizes several related crimes under NMSA § 30-16D-1, ranging between misdemeanors and second-degree felonies.
In This Article
A New Mexico criminal defense attorney breaks down the types of crimes that fall under unlawful taking of a vehicle or motor vehicle, the penalties associated with a conviction, and how to get legal advice if you or a loved one face criminal charges.
Crimes that Fall Under Unlawful Taking of a Vehicle or Motor Vehicle
New Mexico law breaks down the varying crimes under unlawful taking of a motor vehicle. It recognizes them as the state must meet specific elements to get a conviction as written by the law. Since there are many ways to take a vehicle unlawfully, the law addresses them specifically.
Seven types of crimes fall under unlawful taking of a motor vehicle in New Mexico, as outlined in detail below:
Crime 1. Unlawful Taking of a Vehicle or Motor Vehicle
Under NMSA § 30-16D-1, unlawful taking of a vehicle or motor vehicle is when someone takes a vehicle from another person intentionally and without the owner’s consent. Someone could even be charged with a crime under this law in New Mexico, even if they had previously used the owner’s vehicle.
A conviction for unlawful taking of a vehicle or motor vehicle includes:
- First offense: Fourth-degree felony, punishable by up to eighteen (18) months in prison and a fine of $5,000
- Second offense: Third-degree felony, punishable by up to three (3) years in prison and a fine of $5,000
- Third or subsequent offense: Second-degree felony, punishable by up to nine (9) years in prison and a fine of $10,000
Crime 2. Embezzlement of a Vehicle or Motor Vehicle
Per NMSA § 30-16D-2, embezzlement of a vehicle or motor vehicle is when you embezzle or convert a vehicle for personal use with the intent to deprive the owner of the vehicle.
A conviction for embezzlement of a vehicle or motor vehicle includes:
- First offense: Fourth-degree felony, punishable by up to eighteen (18) months in prison and a fine of $5,000
- Second offense: Third-degree felony, punishable by up to three (3) years in prison and a fine of $5,000
- Third or subsequent offense: Second-degree felony, punishable by up to nine (9) years in prison and a fine of $10,000
Crime 3. Fraudulently Obtaining a Vehicle or Motor Vehicle
Under NMSA § 30-16D-3, fraudulently obtaining a vehicle or motor vehicle is when you intentionally misappropriate or take someone else’s vehicle for personal use. The main difference under this statute is using illegal practices or misrepresentations to obtain it.
A conviction for fraudulently obtaining a vehicle or motor vehicle includes:
- First offense: Fourth-degree felony, punishable by up to eighteen (18) months in prison and a fine of $5,000
- Second offense: Third-degree felony, punishable by up to three (3) years in prison and a fine of $5,000
- Third or subsequent offense: Second-degree felony, punishable by up to nine (9) years in prison and a fine of $10,000
Crime 4. Receiving or Transferring Stolen Vehicles or Motor Vehicles
Per NMSA § 30-16D-4, receiving or transferring stolen vehicles or motor vehicles is when a person with the intent pass or take title of the vehicle possesses, receives, or transfers a motor vehicle that he knows or has reason to know is stolen or unlawfully taken.
A conviction for receiving or transferring stolen vehicles or motor vehicles includes:
- First offense: Fourth-degree felony, punishable by up to eighteen (18) months in prison and a fine of $5,000
- Second offense: Third-degree felony, punishable by up to three (3) years in prison and a fine of $5,000
- Third or subsequent offense: Second-degree felony, punishable by up to nine (9) years in prison and a fine of $10,000
Crime 5. Injuring or Tampering with a Motor Vehicle
Under NMSA § 30-16D-5, this statute addresses several actions that constitute injuring or tampering with a motor vehicle. These actions could be committed alone or with other people.
Injuring or tampering with a motor vehicle includes:
- Starting a vehicle without permission
- Purposely and maliciously shifting the gears or changing the starting device
- Intentionally scratching, destroying, or damaging any part of another’s vehicle
- Draining a radiator, oil tank, or gas tank without permission
- Putting any substance in the vehicle with intent to damage the vehicle
- Maliciously tightening or loosening fastenings on a vehicle
- Releasing the brake with the intent to damage the vehicle
A conviction for injuring or tampering with a motor vehicle includes:
- Any offense: Misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000
Related Article: What Is a Misdemeanor in New Mexico?
Crime 6. Altering or Changing Engine or Other Numbers
Per NMSA § 30-16D-6, it is a crime when someone engages in altering or changing engine or other numbers. Governments use these numbers to track the life of a vehicle and its general whereabouts. Attempting to fraudulently deface, remove, cover, destroy or alter the manufacturer’s serial number, engine number, decal, or other distinguishing numbers.
A conviction for altering or changing engine or other numbers includes:
- Any violation: Fourth-degree felony, punishable by up to eighteen (18) months in prison and a fine of $5,000
Note: You are, however, allowed to restore an original serial, engine, decal, or other number or mark with proper permits from the New Mexico Motor Vehicle Division.
Crime 7. Operating a Chop Shop
Under NMSA § 30-16D-7, operating a chop shop is when you operate or own a chop shop. A chop shop is a place where someone illegally dismantles stolen vehicles to resell or reuse parts.
A conviction for operating a chop shop includes:
- Any offense: Third-degree felony, punishable by up to three (3) years in prison and a fine of $5,000
Related Article: What Is a Felony In New Mexico?
Were You Arrested for Unlawful Taking of a Vehicle or Motor Vehicle in New Mexico?
If you or a family member were arrested for unlawful taking of a motor vehicle in New Mexico, knowing that you have legal options is critical. Do not accept responsibility for an unproven crime or one you did not commit. Get in touch with a criminal defense lawyer as soon as possible to start protecting your case and legal rights.
Get Your Free Case Strategy Session with Grano Law Offices, P.C.
Grano Law Offices, P.C. offers prospective clients a chance to learn more about their legal options and how we could help. Schedule your Free Case Strategy Session now by calling (505) 426-8711 or message Marc A. Grano about your case here. We’ll get you the help you want.
