NMSA 59A-16-23. False applications, claims, proofs of loss

59A-16-23. False applications, claims, proofs of loss. A. An agent, broker, solicitor, examining physician, applicant or other person shall not knowingly or willfully: (1) make a false or fraudulent statement or representation as to a material fact in or with reference to an application for insurance or other coverage; (2) for the purpose of obtaining money or benefit, present or cause to be presented a false or fraudulent claim or proof in support of such a claim for payment of loss under a policy; (3) prepare, make or subscribe a false or fraudulent account, certificate, affidavit or proof of loss or other document with intent that the same may be presented or used in support of such a claim; or (4) make a false or fraudulent statement or representation on or relative to an application for a policy for the purpose of obtaining a fee, commission or benefit from an insurer, agent, broker or individual. B. A false statement or representation made under oath shall constitute and be punishable as perjury. A violation of the provisions of this section when the purported loss or potential loss to the victim insurer is: (1) two hundred fifty dollars ($250) or less is a petty misdemeanor; (2) over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is a misdemeanor; (3) over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is a fourth degree felony; (4) over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is a third degree felony; or (5) over twenty thousand dollars ($20,000) is a second degree felony. History: Laws 1984, ch. 127, § 290; 2006, ch. 29, § 27.