A. Injuring or tampering with a motor vehicle consists of a person, individually or in association with another person:

1. (1) purposely and without authority from the owner starting or causing to be started the engine of any motor vehicle;
2. (2) purposely and maliciously shifting or changing the starting device or gears of a standing motor vehicle to a position other than that in which they were left by the owner or driver of the motor vehicle;
3. (3) purposely scratching or damaging the chassis, running gear, body, sides, top covering or upholstering of a motor vehicle that is the property of another;
4. (4) purposely destroying any part of a motor vehicle or purposely cutting, mashing or marking or in any other way destroying or damaging any part, attachment, fastening or appurtenance of a motor vehicle without the permission of the owner;
5. (5) purposely draining or starting the drainage of any radiator, oil tank or gas tank upon a motor vehicle without the permission of the owner;
6. (6) purposely putting any metallic or other substance or liquid in the radiator, carburetor, oil tank, grease cup, oilers, lamps, gas tanks or machinery of the motor vehicle with the intent to injure or damage or impede the working of the machinery of the motor vehicle;
7. (7) maliciously tightening or loosening any bracket, bolt, wire, nut, screw or other fastening on a motor vehicle; or

8. (8) purposely releasing the brake upon a standing motor vehicle with the intent to injure the motor vehicle.

   B. Whoever commits injuring or tampering with a motor vehicle is guilty of a misdemeanor.

   C. As used in this section, "motor vehicle" means a motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978].

History: 1953 Comp., § 64-3-506, enacted by Laws 1978, ch. 35, § 93; § 66-3-506 NMSA 1978 recompiled and amended as § 30-16D-5 by Laws 2009, ch. 253, § 5 and Laws 2009, ch. 261, § 5.

ANNOTATIONS

Recompilations. — Laws 2009, ch. 253, § 5 and Laws 2009, ch. 261, § 5 recompiled and amended former 66-3-506 NMSA 1978, relating to injuring or tampering with vehicle, as 30-16D-5 NMSA 1978, effective July 1, 2009.

The 2009 amendment, effective July 1, 2009, in Subsection A, at the beginning of the sentence, added "Injuring or tampering with a motor vehicle consists of"; after "association with", deleted the remainder of the sentence, which provided that the offense was a misdemeanor and prescribed penalties and added "another person"; and added Subsections B and C.

Laws 2009, ch. 253, § 5 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 261, § 5. See 12-1-8 NMSA 1978.