(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MERCHANDISE. Chattels of any type or description of the value of $250 or less offered for sale in or about a store.
MERCHANT. Any owner or proprietor of any store, or any agent, servant, or employee of the owner or proprietor.
STORE. A place where merchandise is sold or offered to the public for sale at retail.
(B) Shoplifting consists of any 1 or more of the following acts:
(1) Willfully taking possession of any merchandise of a value of $250 or less with the intention of converting it without paying for it;
(2) Willfully concealing any merchandise of a value of $250 or less with the intention of converting it without paying for it;
(3) Willfully altering any label, price tag, or marking upon any merchandise of a value of $250 or less with the intention of depriving the merchant of all or some part of the value of it; or
(4) Willfully transferring any merchandise of a value of $250 or less from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.
(C) Any person who willfully conceals merchandise on his or her person, or on the person of another, or among his or her belongings or the belongings of another, or on or outside the premises of the store, shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his or her belongings, it shall be prima facie evidence of willful concealment.
(D) (1) If any law enforcement officer, special officer, or merchant has probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it, or has willfully concealed merchandise, and that he or she can recover the merchandise by detaining the person or taking him or her into custody, the law enforcement officer, special officer, or merchant may, for the purpose of attempting to effect a recovery of the merchandise, take the person into custody and detain him or her in a reasonable manner for a reasonable time.
(2) The taking into custody or detention shall not subject the officer or merchant to any criminal or civil liability.
(E) Any law enforcement officer may arrest without warrant any person he or she has probable cause for believing has committed the crime of shoplifting. Any merchant who causes the arrest shall not be criminally or civilly liable if he or she has probable cause for believing the person so arrested has committed the crime of shoplifting.
(F) Whoever commits shoplifting is guilty of violating this section.
(1981 Code, § 16-122) (Ord. 579, passed 1-28-1969; Am. Ord. 829, passed 1-14-1992) Penalty, see § 130.999
Statutory reference:
Conditions under which the above offense is a felony, see NMSA § 30-16-20B
Similar provisions to division (A) above, see NMSA § 30-16-19
Similar provisions to division (B) above, see NMSA § 30-16-20A
Similar provisions to division (C) above, see NMSA § 30-16-22
Similar provisions to divisions (D) and (E) above, see NMSA § 30-16-23