§ 34-102. Receiving stolen property.

(a)

For the purposes of this section, the following definitions apply:

(1)

The term "dealer" means a person in the business of buying or selling goods or commercial merchandise; and

(2)

The term "stolen property" means any property acquired by theft, larceny, fraud, embezzlement, robbery or armed robbery.

(b)

The offense of receiving stolen property is prohibited and means the intent to receive, retain or dispose of stolen property knowing that it has been stolen or believing it has been stolen, unless the property is received, retained or disposed of with the intent to restore it to the owner.

(c)

The requisite knowledge or belief that the property has been stolen is presumed in the case of a dealer who:

(1)

Is found in possession or control of property stolen from two or more persons on separate occasions;

(2)

Acquires stolen property for a consideration that 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 the dealer deals; or

(3)

Is found in possession or control of five or more items of property stolen within one year prior to the time of the incident charged pursuant to this section.

(d)

Whoever commits receiving stolen property, when the value of the property is $500.00 or less, is guilty of a municipal offense.

(Code 1963, § 7.308; Code 1979, § 18-35; Code 2005, § 131.04)

State law reference

Similar provisions, NMSA 1978, § 30-16-11.