State v. Allen

336 P.3d 1007 (2014)

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Nature of the Case

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Facts

The Victim discovered that someone had used his identifying information to obtain an Arizona driver's license. D used Victim's identity to obtain a driver's license in Arizona, rent cars in Arizona, Nevada, and Georgia, and to provide booking information upon his arrest in Georgia. None of the acts of using Victim's identity took place in New Mexico. P charged D with eight counts of identity theft. D filed a motion to dismiss for lack of jurisdiction. The alleged crimes took place in Arizona, Nevada, and Georgia. D argued that the fact that Victim resides in New Mexico is irrelevant because under the United States and New Mexico constitutions, '[a] crime must be prosecuted in the jurisdiction where it was committed.' P asserted that Section 30-16-24.1(G) grants New Mexico jurisdiction because under Section 30-16-24.1(G)(1), the crime is deemed to have been committed in the county where the victim resides. The district court ruled that if any of the elements of the crime of theft of identity occurred in New Mexico, the district court had subject matter jurisdiction. One element of the crime is that the alleged offender used the personal identifying information of another without the authorization of the owner of the personal identifying information. The 'without authorization' element of theft of identity can only occur where the owner of the personal identifying information resides. All P had to do was prove that the Victim resides in New Mexico and did not authorize the use of his personal identifying information and P has jurisdiction. D plead guilty to two of the counts of identity theft, reserving his right to appeal the denial of the motion to dismiss.