Key facts
- Felony penaltyA worthless check of $25.00 or more is punishable by 1 to 3 years in the penitentiary, a fine of up to $1,000, or both, under NMSA 1978, Section 30-36-5.[1]
- Felony threshold amountA worthless check of $25.00 or more is a felony, and smaller checks are petty offenses, according to the New Mexico Supreme Court's jury instruction commentary on the Worthless Check Act ($25).[2]
- Misdemeanor penaltyA worthless check of more than $1.00 but less than $25.00 is punishable by up to 30 days in the county jail, a fine of up to $100, or both, under NMSA 1978, Section 30-36-5.[1]
- Prosecution notice requirementIntent to defraud may be established prima facie by proof of dishonor and notice of dishonor under NMSA 1978, Section 30-36-7; that section is a rule of evidence, and notice is not an essential element of the offense.[2]
- Statute citationWorthless Check Act, NMSA 1978, Section 30-36-1 and following (penalty in Section 30-36-5)[2]
Lending rules in New Mexico: New Mexico lending laws.
Sources
- New Mexico Legislature. New Mexico House Bill 407 (2003, as introduced and not enacted), which quotes the operative text of NMSA 1978, Section 30-36-5, penalty, in its proposed amendment.
- Supreme Court of New Mexico. UJI 14-1670 NMRA, Fraud by worthless check; essential elements, with committee commentary (Supreme Court approved October 31, 2025).