There are stringent laws concerning identity theft either done online or carried out in person in Mexico. Perpetrators earn a fourth-degree felony sentence for the two methods. According to New Mexico identity theft laws, Individuals that fall victim to identity theft can take advantage of restitution as it is an avenue for them to get back whatever they lost. At the same time, someone else made use of their identity.
New Mexico Identity theft laws
Theft of Identity – 30-16-24.1A
The transfer or the recording of an individual’s details without such individual’s consent is called identity theft. When done to defraud the victim of identity theft, it is considered a more serious crime, and the offender gets a longer sentence. An offender can spend up to 18 months in prison and might also have to pay a fine of $5000. It is classified as a fourth-degree felony.
Obtaining Identity By Electronic Fraud – 30-16-24.1B
Getting another individual’s identity by using electronics is called electronic fraud. It is also called phishing. It is a situation in which a criminal uses email scams together with interactions that take place online to ask for another person’s details. A lot pretend to be real business owners. As a result of this, their victims are without any form of fear, and they end up giving out their details without hesitation. This type of crime has the same consequences as basic identity theft. If found guilty, a perpetrator will be in a correction facility for up to 18 months.
Fraudulent Use of Credit Cards – 30-16-33
Making use of another person’s credit card with the intent of getting any valuables is regarded as a fraudulent act. Included in this is an attempt to make use of a revoked or invalid card to obtain cash.
If more than $1000 is obtained using a stolen card, the crime regards as a fourth-degree felony.
If the stolen amount is not up to $1,000, the offender gets a misdemeanor sentence.
If the money involved gets to $2,500, the crime becomes a felony charge and can lead to a jail term of three years.
When the amount is worth more than $20,000, the crime is treated as a second-degree charge, leading to a maximum jail term of 9 years. But that’s not all, and it comes with huge fines and restitution to the individuals affected.
Restricted Use of Social Security Numbers – 57-12B-4
It is prohibited for businesses to show the public social security numbers. Included in this are getting them printed and available on receipts. Also, social security numbers are not allowed to be gotten online. An exception to this, however, is if just the last four digits are made use of. Social security numbers are only needed to get a line of credit or for employment applications.
Security Freeze – §56-3A1
New Mexico consumers are given the freedom of freezing their accounts whenever they choose to. It can do by just getting their request sent via writing, together with relevant fees. Every agency will ask for fees for both freezing and the removal of freezing. Fees paid for freezing cost $10, while the fees paid for the removal of freezing costs $5.
Victims do not have to pay this amount. Instead, they need to send a report indicating that they are victims so that these charges will get waived. Once a freeze is placed, other creditors cannot access the details using the report.