New Mexico Identity Theft Laws and the Identity Theft Passport Program

New Mexico prosecutes identity theft as a fourth degree felony under NMSA 1978 § 30-16-24.1, and it is one of a small group of states that runs its own Identity Theft Passport program, a state database and physical card that helps victims avoid being confused with the person who stole their identity, including during a traffic stop or a later encounter with police.

This article addresses New Mexico's identity theft statute and its Identity Theft Passport program, together with the federal layer of protections that applies nationwide. It does not cover every state's law; see the identity theft laws hub for other states.

New Mexico's Identity Theft Statute: NMSA 1978 § 30-16-24.1

New Mexico's identity theft law covers two related offenses. Theft of identity means willfully obtaining, recording, or transferring another person's personal identifying information without their authorization or consent, with intent to defraud that person or someone else, or with intent to sell or distribute the information to another person for an illegal purpose. Obtaining identity by electronic fraud means knowingly and willfully soliciting, requesting, or taking action through fraudulent electronic communication with intent to obtain another person's personal identifying information, the statute's version of a phishing-style offense.

Both offenses are fourth degree felonies in New Mexico, not further tiered by the dollar value involved. The statute also sets a distinctive venue rule: prosecution can proceed in the county where the victim resided when the offense occurred, or in any county where part of the offense took place, even if the defendant was never physically present in that county. That rule matters for a crime that increasingly happens entirely online, where an offender and a victim can be states apart.

Restitution is built directly into New Mexico's identity theft law. A person found guilty must, in addition to any other punishment, make restitution for any financial loss the victim sustained, and New Mexico's law specifically describes that restitution as covering costs the victim incurs clearing their credit history as well as their criminal record, a detail that connects directly to the Identity Theft Passport program described below.

New Mexico's Identity Theft Passport Program

New Mexico is one of a small number of states that runs a formal Identity Theft Passport program, administered through the New Mexico Department of Justice. Filing a police report with your local law enforcement agency enters you into a statewide Identity Theft Passport database, which is accessible to both law enforcement and the Motor Vehicle Department. The program is also described as issuing a card or document marked "Victim of Identity Theft" that a victim can present to prevent being confused with the person who has been misusing their identity, for example during a traffic stop or if the person who stole your identity has previously given your name to police.

The underlying duty behind the program traces to a provision that, at the time this statute was originally enacted, required a law enforcement officer interviewing an alleged identity theft victim to make a written report of the information the victim and any witnesses provide, on forms the Attorney General supplies. This article confirmed that duty's substance from the original enacting legislation but did not independently confirm its current statutory section number, so if you need the exact current citation, confirm it directly with the New Mexico Department of Justice.

Separately, the New Mexico Department of Justice has entered into a partnership with the Identity Theft Resource Center, giving victims a live-chat assistance option through the ITRC's own site in addition to the standard federal reporting process. Victims are also directed to file a complaint with the FTC.

Federal Protections That Also Apply in New Mexico

This article could not independently confirm whether New Mexico has enacted its own state-specific minor or protected-consumer credit freeze statute. What is confirmed is the federal layer, which applies in every state including New Mexico. Under 15 U.S.C. § 1681c-1, the three nationwide credit reporting agencies must place and remove a security freeze free of charge, and a parent, guardian, or person with valid power of attorney can freeze a minor's credit file under the federal Protected Consumer Freeze provision. The same statute provides a free 1-year initial fraud alert and, with an FTC Identity Theft Report, a free 7-year extended fraud alert. Under 15 U.S.C. § 1681c-2, a victim with an FTC Identity Theft Report can get fraudulent information blocked from their credit report within 4 business days of the credit reporting agency receiving the required documentation.

What To Do If You're a Victim of Identity Theft in New Mexico

File a police report with your local New Mexico law enforcement agency; doing so is the trigger for entry into the Identity Theft Passport database. Separately, file a report at IdentityTheft.gov to create an FTC Identity Theft Report and a personalized recovery plan, and contact the New Mexico Department of Justice, which can connect you with the Identity Theft Resource Center's live-chat assistance. Place a free security freeze with each of the three credit bureaus under your federal rights, and if your case involves your name being given to police by the person who stole your identity, ask specifically about the Identity Theft Passport program.

Information last verified on 2026-08-13, drawn from New Mexico's 2009 enacting session law for NMSA 1978 § 30-16-24.1, the New Mexico Department of Justice's scam-prevention and identity theft resource, and federal law under 15 U.S.C. §§ 1681c-1 and 1681c-2. This article has not yet been reviewed by a licensed lawyer. The current codification of the police-report duty behind the Passport program, and whether the underlying statute has been amended since its 2009 enactment, were not independently reconfirmed against New Mexico's official statute portal at publication.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert
• Child Identity Theft
• Tax Identity Theft: When to File IRS Form 14039

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Last updated: 2026-08-13.