(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEALER. A person in the business of buying or selling goods or commercial merchandise.
STOLEN PROPERTY. Any property acquired by theft, larceny, fraud, embezzlement, robbery, or armed robbery.
(B) Receiving stolen property means intentionally to receive, retain, or dispose of stolen property of a value of $250 or less, knowing that is has been stolen or believing it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.
(C) The requisite knowledge or belief that property has been stolen is presumed in the case of a dealer who:
(1) Is found in possession or control of property stolen from 2 or more persons on separate occasions;
(2) Acquires stolen property for a consideration which the dealer knows is far below the property’s reasonable value. A dealer shall be presumed to know the fair market value of the property in which he or she deals; or
(3) Is found in possession or control of 5 or more items of property stolen within 1 year prior to the time of the incident charged pursuant to this section.
(D) Whoever commits receiving, retaining, or disposing of stolen property is guilty of violating this section.
(1981 Code, § 16-123) (Ord. 579, passed 1-28-1969; Am. Ord. 829, passed 1-14-1992) Penalty, see § 130.999
Statutory reference:
Receiving stolen property, see NMSA § 30-16-11