Cheating machine or device consists of any person, with intent to defraud, attempting to operate or causing to be operated any automatic vending machine, parking meter, coin-box telephone, or any machine or receptable [receptacle] designed to receive lawful money of the United States in connection with the sale, use or enjoyment of property or service, by means of any slug, or by any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device. Whoever commits cheating machine or device is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-16-13, enacted by Laws 1963, ch. 303, § 16-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Selection of charges. — Where defendant was alleged to have stolen $400 in quarters from a change machine by using a rigged bill, he was potentially subject to being charged with both larceny and the misdemeanor offense of cheating a machine or device, and the preemption rationale of the general-specific rule did not preclude prosecution under either or both of the statutes. State v. Davis, 2000-NMCA-105, 129 N.M. 773, 14 P.3d 38, cert. or device, and the preemption rationale of the general-specific rule did not preclude prosecution under either or both of the statutes. State v. Davis, 2000-NMCA-105, 129 N.M. 773, 14 P.3d 38, cert. denied, 130 N.M. 17, 16 P.3d 442.
New Mexico Legal Code