Key facts
| Measure | Value | Year |
|---|---|---|
| felony penalty[1] | A 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. | 2003 |
| felony threshold amount[2] | 25 | 2025 |
| misdemeanor penalty[1] | A 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. | 2003 |
| prosecution notice requirement[2] | Intent 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. | 2025 |
| statute citation[2] | Worthless Check Act, NMSA 1978, Section 30-36-1 and following (penalty in Section 30-36-5) | 2025 |
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).