New Mexico Misdemeanor and Felony Larceny Laws

Like many states, New Mexico laws prohibit a wide range of conduct relating to theft, including larceny, falsely obtaining services, receiving stolen property, and shoplifting. New Mexico law uses the term "larceny" to encompass most theft crimes.

What Is Larceny in New Mexico?

Larceny occurs when a person steals (unlawfully takes) something of value that belongs to someone else. To be convicted, the prosecution must prove the person intended to permanently deprive the true owner of the stolen item.

The crime of larceny can involve the taking of any kind of property, services, money, and intangible items that have value. New Mexico law also recognizes a number of specific larceny-related offenses, including:

Receiving stolen property. This crime involves intentionally getting, keeping, or throwing away property that the offender knows belongs to someone else.

Falsely obtaining services or accommodations. Under this offense, a person can be charged for obtaining services, food, entertainment, or accommodations without paying and with the intent to cheat or defraud the provider.

Shoplifting. The crime of shoplifting entails several willful acts, all of which involve taking merchandise without paying the full price and depriving the owner of the full retail value of those items.

Embezzlement. Embezzlement occurs when a person is entrusted with control over another's property and unlawfully converts that property for their own use.

(N.M. Stat. §§ 30-16-1 and following (2025).)

How Does New Mexico Classify Larceny Offenses?

Like most states, New Mexico classifies larceny offenses mainly according to the value of the stolen property or services. Most thefts involving less than $500 are misdemeanors and above this amount are felonies. In some cases, such as with firearms and livestock, the law provides felony penalties, regardless of value.

What Are the Penalties for Misdemeanor Larceny in New Mexico?

New Mexico law provides for two types of misdemeanor larceny depending on the value of the stolen property or services.

Petty Misdemeanor Larceny

A person commits petty misdemeanor larceny when the value of the stolen property or services is $250 or less. This offender faces up to six months in jail and a $500 fine.

Misdemeanor Larceny

Larceny constitutes a misdemeanor when the value of the stolen property or services is more than $250 but less than $501. A person guilty of misdemeanor larceny is subject to up to one year in jail and a $1,000 fine.

What Are the Penalties for Felony Larceny in New Mexico?

Penalties for felony larceny vary depending on the value of the stolen property or services, as well as the criminal history of the offender. Subsequent convictions for larceny offenses can carry harsher sentences.

Fourth-Degree Felony Larceny

A person commits a fourth-degree felony when the value of the stolen property or services is more than $500 but less than $2,501. It's also a fourth-degree felony to steal a firearm valued at less than $2,500. This offense can result in up to 18 months' imprisonment and a $5,000 fine.

Third-Degree Felony Larceny

An offender is guilty of a third-degree felony when the value of the stolen property or services is more than $2,500 but less than $20,001 or the stolen item is livestock (any value). The defendant faces up to three years in prison and a $5,000 fine.

Second-Degree Felony Larceny

Stolen property or services valued at more than $20,000 results in a second-degree felony. A guilty person is subject to up to nine years in prison and a $10,000 fine.

Prior Felony Convictions and Enhanced Penalties

New Mexico larceny statutes do not specifically address the effects of prior convictions on a current larceny charge, but the "habitual offender" laws will likely impose a harsher sentence on people convicted of a felony larceny offense if their criminal records include one or more felony convictions in the last 10 years.

New Mexico adds one year to a sentence for a felony larceny offense if the offender has one prior felony conviction. Likewise, New Mexico law adds four years to an offender's sentence if the offender has two prior felony convictions and eight years to an offender's sentence, if the offender has three or more prior felony convictions.

(N.M. Stat. §§ 30-16-1, 31-18-15, 31-18-17, 31-19-1 (2025).)

What Are the Penalties for Shoplifting in New Mexico?

The crime of shoplifting entails several willful acts:

• taking merchandise without paying
• concealing merchandise with the intention of not paying
• altering labels or price tags to deprive the owner of the full retail value, or
• transferring merchandise from the correct container to an incorrect container to deprive the owner of the full retail value.

New Mexico law provides for criminal and civil penalties when it comes to the crime of shoplifting.

Criminal Penalties for Shoplifting and Aggravated Shoplifting

The criminal penalties for most shoplifting charges are the same as the penalties for larceny and depend on the value of the stolen merchandise (see above). If the defendant shoplifts multiple times during a 90-day period, the prosecutor can add up the amounts during that time frame and charge a person based on the aggregated amount, thereby subjecting a guilty defendant to higher penalties.

New Mexico law also allows for enhanced penalties for aggravated shoplifting. Aggravated shoplifting occurs when an offender unlawfully assaults or hits another person with a deadly weapon immediately after they shoplift in order to retain possession of the stolen property or to aid in their escape from the scene. Aggravated shoplifting constitutes a third-degree felony, punishable by up to three years' imprisonment and a $5,000 fine.

Civil Penalties for Shoplifting

In addition, an adult who commits shoplifting in New Mexico may be civilly liable to the merchant or store owner for the following damages:

• the retail value of the merchandise (unless returned undamaged)
• punitive damages of at least $100 but not more than $250, and
• reimbursement of the store owner's costs in bringing the lawsuit and their reasonable attorneys' fees.

(N.M. Stat. §§ 30-16-20, 30-16-21, 30-18-15 (2025).)

Getting Legal Help

If you have been charged with larceny or any theft-related crime in New Mexico, contact a local criminal defense attorney or ask for a public defender. An experienced lawyer will thoroughly explain the criminal court process and discuss potential defenses for your case.