Embezzlement
Both embezzlement and larceny involve taking something of value without permission. The difference is that in larceny the victim can be anything from a stranger to a family member. In Embezzlement, however, the victim placed trust the thief. A good example might be stealing some clothing from Dillards. If the thief is a customer or someone passing through the store, the crime would be called larceny. If the thief is someone who works at the store as a cashier or other employee, the crime is called embezzlement because the defendant had a position of trust while working in the store.
Like larceny and other property crimes, the level of crime depends upon the value of the things stolen.
NM Stat § 30-16-8 Embezzlement
A. Embezzlement consists of a person embezzling or converting to the person’s own use anything of value, with which the person has been entrusted, with fraudulent intent to deprive the owner thereof.
B. Whoever commits embezzlement when the value of the thing embezzled or converted is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
C. Whoever commits embezzlement when the value of the thing embezzled or converted is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
D. Whoever commits embezzlement when the value of the thing embezzled or converted is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits embezzlement when the value of the thing embezzled or converted is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits embezzlement when the value of the thing embezzled or converted exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.
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