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Shoplifting

Section 30-16-20 — the same value ladder as larceny, and a store may detain on probable cause

Shoplifting is willfully taking or concealing merchandise intending to convert it without paying, or altering a price tag or label, or moving merchandise to another container, intending to deprive the retailer of some of its value.

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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

ValueLevel
Value$250 or lessLevelPetty misdemeanor
ValueMore than $250 to $500LevelMisdemeanor
ValueMore than $500 to $2,500LevelFourth degree felony
ValueMore than $2,500 to $20,000LevelThird degree felony
ValueMore than $20,000LevelSecond degree felony

Willfully concealing merchandise on a person or among belongings, on or outside the store, is prima facie presumed to be with intent to convert it without paying.

An officer or merchant with probable cause to believe a person took or concealed merchandise may detain the person to try to recover it, and an officer may arrest without a warrant on probable cause.

An adult convicted of shoplifting may be civilly liable for the retail value of the merchandise, punitive damages of $100 to $250, costs and reasonable attorney's fees, but not for recovered undamaged merchandise.

Sources for this section (4)
  1. NMSA 1978, § 30-16-20 — Shoplifting; aggravated shoplifting
  2. NMSA 1978, § 30-16-21 — Civil liability of adult shoplifter; penalty
  3. NMSA 1978, § 30-16-22 — Presumptions created
  4. NMSA 1978, § 30-16-23 — Reasonable detention

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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