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Identity Theft

Section 30-16-24.1 — a fourth degree felony, with restitution that can include clearing a credit record

Theft of identity is willfully obtaining, recording or transferring another person's personal identifying information without their consent, intending to defraud them or anyone else, or to sell the information for an illegal purpose. Obtaining identity by electronic fraud is soliciting such information by a fraudulent email, website or other internet communication.

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Who handles this in New Mexico: DNA People's Legal Services and Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

Each is a fourth degree felony. The person found guilty is ordered to make restitution for financial loss, which may include costs, attorney fees among them, of clearing the victim's credit history and records, and the court may order public records and credit reports corrected.

Sources for this section (1)
  1. NMSA 1978, § 30-16-24.1 — Theft of identity; obtaining identity by electronic fraud

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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