NEW MEXICO STATUTES 1978, ANNOTATED
Copyright (c) 1978-1990 by The State of New Mexico. All rights reserved.
CHAPTER 30. Criminal Offenses
ARTICLE 16A. COMPUTER CRIMES
(Repealed by Laws 1989, ch. 215, s 8.)
30-16A-1 to 30-16A-4. Repealed.
NEW MEXICO STATUTES 1978, ANNOTATED
Copyright (c) 1978-1990 by The State of New Mexico. All rights reserved.
CHAPTER 30. Criminal Offenses
ARTICLE 45. COMPUTER CRIMES
30-45-1. Short title.
This act [30-45-1 to 30-45-7 NMSA 1978] may be cited as the "COMPUTER CRIMES
Act".
History: Laws 1989, ch. 215, s 1.
30-45-2. Definitions.
As used in the COMPUTER CRIMES Act [30-45-1 to 30-45-7 NMSA 1978]:
A. "access" means to program, execute programs on, intercept, instruct,
communicate with, store data in, retrieve data from or otherwise make use of
any computer resources, including data or programs of a computer, computer
system, computer network or database;
B. "computer" includes an electronic, magnetic, optical or other high-
speed data processing device or system performing logical, arithmetic or
storage functions and includes any property, data storage facility or
communications facility directly related to or operating in conjunction with
such device or system. The term does not include an automated typewriter or
typesetter or a single display machine in and of itself, designed and used
solely within itself for word processing, or a portable hand-held calculator,
or any other device which might contain components similar to those in
computers but in which the components have the sole function of controlling the
device for the single purpose for which the device is intended;
C. "computer network" means the interconnection of communication lines and
circuits with a computer or a complex consisting of two or more interconnected
computers;
D. "computer program" means a series of instructions or statements, in a
form acceptable to a computer, which permits the functioning of a computer
system in a manner designed to provide appropriate products from a computer
system;
E. "computer property" includes a financial instrument, data, databases,
computer software, computer programs, documents associated with computer
systems and computer programs, or copies, whether tangible or intangible, and
data while in transit;
F. "computer service" includes computer time, the use of the computer
system, computer network, computer programs or data prepared for computer use,
data contained within a computer network and data processing and other
functions performed, in whole or in part, by the use of computers, computer
systems, computer networks or computer software;
G. "computer software" means a set of computer programs, procedures and
associated documentation concerned with the operation and function of a
computer system;
H. "computer system" means a set of related or interconnected computer
equipment, devices and software;
I. "data" means a representation of information, knowledge, facts,
concepts or instructions which are prepared and are intended for use in a
computer, computer system or computer network;
J. "database" means any data or other information classified, processed,
transmitted, received, retrieved, originated, switched, stored, manifested,
measured, detected, recorded, reproduced, handled or utilized by a computer,
computer system, computer network or computer software; and
K. "financial instrument" includes any check, draft, warrant, money order,
note, certificate of deposit, letter of credit, bill of exchange, credit or
debit card, transaction, authorization mechanism, marketable security or any
other computerized representation thereof.
History: Laws 1989, ch. 215, s 2.
30-45-3. Computer access with intent to defraud or embezzle.
Any person who knowingly and willfully accesses or causes to be accessed any
computer, computer system, computer network or any part thereof with the intent
to obtain, by means of embezzlement or false or fraudulent pretenses,
representations or promises, money, property or anything of value, where:
A. the money, property or other thing has a value of one hundred dollars
($100) or less is guilty of a petty misdemeanor;
B. the money, property or other thing has a value of more than one hundred
dollars ($100) but not more than two hundred fifty dollars ($250) is guilty of
a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-
19-1 NMSA 1978;
C. the money, property or other thing has a value of more than two hundred
fifty dollars ($250) but not more than two thousand five hundred dollars
($2,500) is guilty of a fourth degree felony and shall be sentenced pursuant to
the provisions of Section 31-18-15 NMSA 1978;
D. the money, property or other thing has a value of more than two
thousand five hundred dollars ($2,500) but not more than twenty thousand
dollars ($20,000) is guilty of a third degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978; or
E. the money, property or other thing has a value of more than twenty
thousand dollars ($20,000) is guilty of a second degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: Laws 1989, ch. 215, s 3.
30-45-4. Computer abuse.
Any person who knowingly, willfully and without authorization, or having
obtained authorization:
A. directly or indirectly alters, changes, damages, disrupts or destroys
any computer, computer network, computer property, computer service or computer
system where:
(1) the damage to the computer property or computer service has a value
of one hundred dollars ($100) or less is guilty of a petty misdemeanor;
(2) the damage to the computer property or computer service has a value
of more than one hundred dollars ($100) but not more than two hundred fifty
dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to
the provisions of Section 31-19-1 NMSA 1978;
(3) the damage to the computer property or computer service has a value
of more than two hundred fifty dollars ($250) but not more than two thousand
five hundred dollars ($2,500) is guilty of a fourth degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(4) the damage to the computer property or computer service has a value
of more than two thousand five hundred dollars ($2,500) but not more than
twenty thousand dollars ($20,000) is guilty of a third degree felony and shall
be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
(5) the damage to the computer property or computer service has a value
of more than twenty thousand dollars ($20,000) is guilty of a second degree
felony and shall be sentenced pursuant to the provisions of Section 31-18-15
NMSA 1978; or
B. directly or indirectly introduces or causes to be introduced data which
the person knows to be false into a computer, computer system, computer
network, computer software, computer program, database or any part thereof with
the intent of harming the property or financial interests or rights of any
person is guilty of a fourth degree felony and shall be sentenced pursuant to
the provisions of Section 31-18-15 NMSA 1978.
History: Laws 1989, ch. 215, s 4.
30-45-5. Unauthorized computer use.
Any person who knowingly, willfully and without authorization, or having
obtained authorization, uses the opportunity such authorization provides for
purposes to which the authorization does not extend, directly or indirectly
accesses, uses, takes, transfers, conceals, obtains, copies, or retains
possession of any computer, computer network, computer property, computer
service, computer system or any part thereof where:
A. the damage to the computer property or computer service has a value of
one hundred dollars ($100) or less is guilty of a petty misdemeanor;
B. the damage to the computer property or computer service has a value of
more than one hundred dollars ($100) but not more than two hundred fifty
dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to
the provisions of Section 31-19-1 NMSA 1978;
C. the damage to the computer property or computer service has a value of
more than two hundred fifty dollars ($250) but not more than two thousand five
hundred dollars ($2,500) is guilty of a fourth degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
D. the damage to the computer property or computer service has a value of
more than two thousand five hundred dollars ($2,500) but not more than twenty
thousand dollars ($20,000) is guilty of a third degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
E. the damage to the computer property or computer service has a value of
more than twenty thousand dollars ($20,000) is guilty of a second degree felony
and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978.
History: Laws 1989, ch. 215, s 5.
30-45-6. Prosecution.
A. Prosecution pursuant to the COMPUTER CRIMES Act [30-45-1 to 30-45-7 NMSA
1978] shall not prevent any prosecutions pursuant to any other provisions of
the law where such conduct also constitutes a violation of that other
provision.
B. A person found guilty of violating any provision of the COMPUTER CRIMES
Act shall, in addition to any other punishment, be ordered to make restitution
for any financial loss sustained by anyone injured as the direct result of the
commission of the CRIME. Restitution shall be imposed in addition to
incarceration, forfeiture or fine, and not in lieu thereof, and may be made a
condition of probation. The defendant's present and future ability to make such
restitution shall be considered. In an extraordinary case, the court may
determine that the interests of those injured and justice would not be served
by ordering restitution. In such a case, the court shall make and enter
specific written findings on the record substantiating the extraordinary
circumstance presented upon which the court determined not to order
restitution. In all other cases, the court shall determine the amount and
method of restitution.
30-45-7. Forfeiture of property.
A. The following are subject to forfeiture:
(1) all COMPUTER property, equipment or products of any kind which have
been used, manufactured, acquired or distributed in violation of the COMPUTER
CRIMES Act [30-45-1 to 30-45-7 NMSA 1978];
(2) all materials, products and equipment of any kind which are used or
intended for use in manufacturing, using, accessing, altering, disrupting,
copying, concealing, destroying, transferring, delivering, importing or
exporting any COMPUTER property or COMPUTER service in violation of the
COMPUTER CRIMES Act;
(3) all books, records and research products and materials involving
formulas, microfilm, tapes and data which are used or intended for use in
violation of the COMPUTER CRIMES Act;
(4) all conveyances, including aircraft, vehicles or vessels, which are
used or intended for use to transport or in any manner to facilitate the
transportation of property described in Subsection A, B or C of this section
for the purpose of violating the COMPUTER CRIMES Act;
(5) all property, real, personal or mixed, which has been used or intended
for use, maintained or acquired in violation of the COMPUTER CRIMES Act; and
(6) all money or proceeds that constitute an instrumentality or derive
from a violation of the COMPUTER CRIMES Act.
B. Notwithstanding the provisions of Paragraphs (1) through (6) of
Subsection A of this section:
(1) no conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture under this
section unless it appears that the owner or other person in charge of the
conveyance is a consenting party to a violation of the COMPUTER CRIMES Act;
(2) no conveyance, computer property, equipment or other material is
subject to forfeiture under this section by reason of any act or omission
established by the owner to have been committed or omitted without his
knowledge or consent;
(3) a conveyance, computer property, equipment or other material is not
subject to forfeiture for a violation of law the penalty for which is a
misdemeanor or petty misdemeanor; and
(4) a forfeiture of a conveyance, computer property, equipment or material
encumbered by a bona fide security interest shall be subject to the interest of
a secured party if the secured party neither had knowledge of nor consented to
the act or omission.
C. Property subject to forfeiture and disposal under the COMPUTER CRIMES Act
may be seized by any law enforcement officer upon an order issued by the
district court having jurisdiction.
D. Seizure without such an order may be made if:
(1) the seizure is incident to an arrest or search under a search warrant;
(2) the property subject to seizure had been the subject of a prior
judgment in favor of the state in an injunction or forfeiture proceeding based
upon the COMPUTER CRIMES Act; or
(3) the enforcement officer has probable cause to believe that the
property, whether real, personal or mixed, was used or intended for use,
maintained or acquired in violation of the COMPUTER CRIMES Act.
E. In the event of a seizure pursuant to Subsection C or Subsection D of
this section, a proceeding under the COMPUTER CRIMES Act and the rules of civil
procedure for the district courts shall be instituted promptly and not later
than thirty days after seizure. The proceeding to forfeit property under the
COMPUTER CRIMES Act is against the property and not against the owner or any
other person. It is in rem wholly and not in personam. It is a civil case and
not a criminal proceeding. The forfeiture proceeding is required, not to
complete the forfeiture, but to prove the illegal use for which the forfeiture
was suffered.
F. Except as otherwise specifically provided by law, whenever any property
is forfeited to the state by reason of the violation of any law, the court by
which the offender is convicted shall order the sale or other disposition of
the property and the proceeds of any such sale as provided for in this section
are subject to the court making due provisions for the rights of innocent
persons and the legitimate rights to restitution on behalf of actual victims of
the criminal acts.
G. Property taken or detained under this section shall not be subject to
replevin but is deemed to be in the custody of the law enforcement agency
seizing it subject only to the orders and decrees of the district court. When
property is seized under the COMPUTER CRIMES Act, the enforcement officer may:
(1) place the property under seal;
(2) remove the property to a place designated by the law enforcement
officer or by the district court; or
(3) require the law enforcement agency to take custody of the property and
remove it to an appropriate location for disposition in accordance with law.
H. When property is forfeited under the COMPUTER CRIMES Act, the law
enforcement agency seizing it shall:
(1) deliver custody of the property to the information systems council
attached to the general services department. The council, based upon a plan,
shall advertise and make available the forfeited property to stated agencies
and political subdivisions of the state based upon a demonstrated need and plan
of use for that property. The information systems council shall advertise and
make the forfeited property available by bid for a minimum of one hundred
twenty days and dispose of that property within another sixty days. All
proceeds from the sale of forfeited property shall be deposited in the general
fund; or
(2) where the court orders the property to be sold, the proceeds of the
sale shall be paid into the general fund.
