CRIME OF MISAPPROPRIATION OF OIL & GAS EQUIP.

SB0221

SENATE BILL 221

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

James G. Townsend
and
Antonio Maestas

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF MISAPPROPRIATION OF A
PETROLEUM PRODUCT OR OIL AND GAS EQUIPMENT; ADDING THE CRIME OF
MISAPPROPRIATION OF A PETROLEUM PRODUCT OR OIL AND GAS
EQUIPMENT TO THE DEFINITION OF "RACKETEERING"; PROVIDING
PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of the Criminal Code, Section
30-16-49 NMSA 1978, is enacted to read:

"30-16-49. [
NEW MATERIAL
] MISAPPROPRIATION OF A PETROLEUM
PRODUCT OR OIL AND GAS EQUIPMENT.--

A. Misappropriation of a petroleum product or oil
and gas equipment consists of a person:

(1) taking, acquiring or exercising control
over a petroleum product or oil and gas equipment without the
owner's consent and with the intent to deprive the owner of the
petroleum product or oil and gas equipment by:

(a) possessing, removing, receiving,
purchasing, selling, disposing, concealing, delivering or
transporting the petroleum product or oil and gas equipment; or

(b) making or causing a connection to be
made with, or drilling or tapping or causing a hole to be
drilled or tapped in, a pipe, pipeline or tank used to store or
transport a petroleum product;

(2) transporting to a waste facility a
petroleum product for which the person cannot identify the
petroleum product's owner;

(3) purchasing a petroleum product from a
person not authorized by the oil conservation division of the
energy, minerals and natural resources department to sell the
petroleum product; or

(4) storing, delivering, purchasing or trading
a petroleum product for financial benefit by using a method not
authorized by the oil conservation division.

B. Whoever commits misappropriation of a petroleum
product or oil and gas equipment when the aggregate value of
the petroleum product or oil and gas equipment is:

(1) five hundred dollars ($500) or less is
guilty of a fourth degree felony;

(2) greater than five hundred dollars ($500)
but not greater than two thousand five hundred dollars ($2,500)
is guilty of a third degree felony; or

(3) greater than two thousand five hundred
dollars ($2,500) is guilty of a second degree felony.

C. When an individual has engaged in
misappropriation of a petroleum product or oil and gas
equipment more than once within a six-month period, whether
from one or multiple properties in one or multiple counties,
the prosecution may charge the individual under this section
either:

(1) in separate counts based on the value of
petroleum products or oil and gas equipment misappropriated in
each occurrence from a single property; or

(2) in a single count based on the aggregated
value of all petroleum products and oil and gas equipment
misappropriated during that six-month period. If the
misappropriations occurred in different counties, venue shall
be proper in any county in which the petroleum products or oil
and gas equipment were misappropriated.

D. The penalties pursuant to this section are
separate and distinct from those authorized in Section 70-2-31
NMSA 1978.

E. As used in this section:

(1) "oil and gas equipment" means machinery,
drilling equipment, welding equipment, tools, pipeline
equipment, fittings, hardware, pumps, vehicles or other
equipment and materials that are part of or incident to the
exploration, development, maintenance and operation of oil and
gas properties, including supervisory control and data
acquisition monitoring equipment, oil and gas wells, oil and
gas leases, gasoline plants and refineries; and

(2) "petroleum product" means crude petroleum
oil, any commodity or substance made or manufactured from crude
petroleum oil or natural gas and all derivatives of crude
petroleum oil or natural gas, including refined crude oil,
crude tops, topped crude, processed crude petroleum, residue
from crude petroleum, cracking stock, uncracked fuel oil,
treated crude oil, fuel oil, residuum, gas oil, naphtha,
distillate, gasoline, kerosene, benzine, wash oil, waste oil,
lubricating oil and blends or mixtures of crude petroleum oil
or natural gas or any derivative thereof, sediment, water or
brine used or extracted in the production of oil and gas."

SECTION 2.
Section 30-42-3 NMSA 1978 (being Laws 1980,
Chapter 40, Section 3, as amended) is amended to read:

"30-42-3. DEFINITIONS.--As used in the Racketeering Act:

A. "racketeering" means any act that is chargeable
or indictable under the laws of New Mexico and punishable by
imprisonment for more than one year, involving any of the
following cited offenses:

(1) murder, as provided in Section 30-2-1 NMSA
1978;

(2) robbery, as provided in Section 30-16-2
NMSA 1978;

(3) kidnapping, as provided in Section 30-4-1
NMSA 1978;

(4) forgery, as provided in Section 30-16-10
NMSA 1978;

(5) larceny, as provided in Section 30-16-1
NMSA 1978;

(6) fraud, as provided in Section 30-16-6 NMSA
1978;

(7) embezzlement, as provided in Section
30-16-8 NMSA 1978;

(8) receiving stolen property, as provided in
Section 30-16-11 NMSA 1978;

(9) bribery, as provided in Sections 30-24-1
through 30-24-3.1 NMSA 1978;

(10) gambling, as provided in Sections
30-19-3, 30-19-13 and 30-19-15 NMSA 1978;

(11) illegal kickbacks, as provided in
Sections 30-41-1 and 30-41-2 NMSA 1978;

(12) extortion, as provided in Section 30-16-9
NMSA 1978;

(13) trafficking in controlled substances, as
provided in Section 30-31-20 NMSA 1978;

(14) arson and aggravated arson, as provided
in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA
1978;

(15) promoting prostitution, as provided in
Section 30-9-4 NMSA 1978;

(16) criminal solicitation, as provided in
Section 30-28-3 NMSA 1978;

(17) fraudulent securities practices, as
provided in the New Mexico Uniform Securities Act;

(18) loan sharking, as provided in Sections
30-43-1 through 30-43-5 NMSA 1978;

(19) distribution of controlled substances or
controlled substance analogues, as provided in Sections
30-31-21 and 30-31-22 NMSA 1978;

(20) money laundering, as provided in Section
30-51-4 NMSA 1978;

(21) unlawful taking of a vehicle or motor
vehicle, as provided in Section 30-16D-1 NMSA 1978;

(22) embezzlement of a vehicle or motor
vehicle, as provided in Section 30-16D-2 NMSA 1978;

(23) fraudulently obtaining a vehicle or motor
vehicle, as provided in Section 30-16D-3 NMSA 1978;

(24) receiving or transferring stolen vehicles
or motor vehicles, as provided in Section 30-16D-4 NMSA 1978;

(25) altering or changing the serial number,
engine number, decal or other numbers or marks of a vehicle or
motor vehicle, as provided in Section 30-16D-6 NMSA 1978;

(26) trafficking cannabis products, as
provided in Section 26-2C-28 NMSA 1978;

(27) sexual exploitation of children, as
provided in Sections 30-6A-3 and 30-6A-4 NMSA 1978;

(28) criminal sexual penetration, as provided
in Section 30-9-11 NMSA 1978;

(29) criminal sexual contact, as provided in
Sections 30-9-12 and 30-9-13 NMSA 1978;

(30) dog fighting, as provided in Section
30-18-9 NMSA 1978;

(31) cockfighting, as provided in Section
30-18-9 NMSA 1978;

(32) bringing contraband into places of
imprisonment, as provided in Section 30-22-14 NMSA 1978; [
and
]

(33) human trafficking, as provided in Section
30-52-1 NMSA 1978;
and

(34) misappropriation of a petroleum product
or oil and gas equipment, as provided in Section 30-16-49 NMSA
1978;

B. "person" means an individual or entity capable
of holding a legal or beneficial interest in property;

C. "enterprise" means a sole proprietorship,
partnership, corporation, business, labor union, association or
other legal entity or a group of persons associated in fact
although not a legal entity, and includes illicit as well as
licit entities; and

D. "pattern of racketeering activity" means
engaging in at least two incidents of racketeering with the
intent of accomplishing any of the prohibited activities set
forth in Subsections A through D of Section 30-42-4 NMSA 1978;
provided at least one of the incidents occurred after February
28, 1980 and the last incident occurred within five years after
the commission of a prior incident of racketeering."

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