A. Failing to disclose facts or change of circumstances to obtain public assistance consists of a person knowingly failing to disclose a material fact known to be necessary to determine eligibility for public assistance or knowingly failing to disclose a change in circumstances for the purpose of obtaining or continuing to receive public assistance to which the person is not entitled or in amounts greater than that to which the person is entitled.

B. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received is two hundred fifty dollars ($250) or less in any twelve consecutive months is guilty of a petty misdemeanor.

C. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any twelve consecutive months is guilty of a misdemeanor.

D. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any twelve consecutive months is guilty of a fourth degree felony.

E. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any twelve consecutive months is guilty of a third degree felony.

F. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received exceeds twenty thousand dollars ($20,000) in any twelve consecutive months is guilty of a second degree felony.

History: Laws 1979, ch. 170, § 1; 1987, ch. 121, § 12; 2006, ch. 29, § 18.

The 2006 amendment, effective July 1, 2006, increased the value of the assistance in Subsection B from $100 to $250; increased the value of the assistance in Subsection C from more than $100, but not more than $250, and to more than $250, but not more than $500; increased the value of the assistance in Subsection D from more than $250 to more than $500; and provided in Subsections E and F that the value of the assistance is measured in a twelve consecutive month period.

ANNOTATIONS

This section is not unconstitutionally vague. State v. Fleming, 2006-NMCA-149, 140 N.M. 797, 149 P.3d 113, cert. denied, 2006-NMCERT-012, 141 N.M. 104, 151 P.3d 65.

The term "public assistance" includes public housing benefits. State v. Fleming, 2006-NMCA-149, 140 N.M. 797, 149 P.3d 113, cert. denied, 2006-NMCERT-012, 141 N.M. 104, 151 P.3d 65.