Section
30-19-1 Definitions relating to gambling.
30-19-2 Gambling.
30-19-3 Commercial gambling.
30-19-4 Permitting premises to be used for gambling.
30-19-5 Dealing in gambling devices.
30-19-6 Permissive lottery.
30-19-7 Fraudulently operating a lottery.
30-19-7.2 Recreational bingo exception.
30-19-8 Gambling and gambling houses as public nuisance.
30-19-9 Evidence of unlawful use of premises.
30-19-10 Forfeiture of equipment.
30-19-11 Remedy of lessor.
30-19-12 Duties of enforcement officials.
30-19-13 Bribery of participant in a contest.
30-19-14 Testimony of witnesses to gambling.
30-19-15 Unlawful to accept for profit anything of value to be transmitted or delivered for gambling; penalty.
30-19-1 Definitions relating to gambling.
As used in Chapter 30, Article 19 NMSA 1978:
A. "antique gambling device" means a gambling device manufactured before 1970 and substantially in original condition that is not used for gambling or commercial gambling or located in a gambling place;
B. "bet" means a bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement. A bet does not include:
(1) bona fide business transactions that are valid under the law of contracts, including:
(a) contracts for the purchase or sale, at a future date, of securities or other commodities; and
(b) agreements to compensate for loss caused by the happening of the chance, including contracts for indemnity or guaranty and life or health and accident insurance;
(2) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such contest;
(3) a lottery as defined in this section; or
(4) betting otherwise permitted by law;
C. "gambling device" means a contrivance other than an antique gambling device that is not licensed for use pursuant to the Gaming Control Act [60-2E-1 NMSA 1978] and that, for a consideration, affords the player an opportunity to obtain anything of value, the award of which is determined by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the device;
D. "gambling place" means a building or tent, a vehicle, whether self-propelled or not, or a room within any of them that is not within the premises of a person licensed as a lottery retailer or that is not licensed pursuant to the Gaming Control Act [60-2E-1 NMSA 1978], one of whose principal uses is:
(1) making and settling of bets;
(2) receiving, holding, recording or forwarding bets or offers to bet;
(3) conducting lotteries; or
(4) playing gambling devices; and
E. "lottery" means an enterprise wherein, for a consideration, the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill. "Lottery" does not include the New Mexico state lottery established and operated pursuant to the New Mexico Lottery Act [6-24-1 NMSA 1978] or gaming that is licensed and operated pursuant to the Gaming Control Act [60-2E-1 NMSA 1978]. As used in this subsection, "consideration" means anything of pecuniary value required to be paid to the promoter in order to participate in a gambling or gaming enterprise.
History: 1953 Comp., § 40A-19-1, enacted by Laws 1963, ch. 303, § 19-1; 1965, ch.37 § 1; 1985, ch. 108, § 1; 1995, ch. 155, § 37; 1997, ch. 190, § 66; 2002, ch. 102, § 1.
30-19-2 Gambling.
Gambling consists of:
A. making a bet;
B. entering or remaining in a gambling place with intent to make a bet, to participate in a lottery or to play a gambling device;
C. conducting a lottery; or
D. possessing facilities with intent to conduct a lottery.
Whoever commits gambling is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-19-2, enacted by Laws 1963, ch. 303, § 19-2.
30-19-3 Commercial gambling.
Commercial gambling consists of either:
A. participating in the earnings of or operating a gambling place;
B. receiving, recording or forwarding bets or offers to bet;
C. possessing facilities with the intent to receive, record or forward bets or offers to bet;
D. for gain, becoming a custodian of anything of value, bet or offered to be bet;
E. conducting a lottery where both the consideration and the prize are money, or whoever with intent to conduct a lottery, possesses facilities to do so; or
F. setting up for use, for the purpose of gambling, or collecting the proceeds of, any gambling device.
Whoever commits commercial gambling is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-19-3, enacted by Laws 1963, ch. 303, § 19-3;
30-19-4 Permitting premises to be used for gambling.
Permitting premises to be used for gambling consists of:
A. knowingly permitting any property owned or occupied by such person or under his control to be used as a gambling place; or
B. knowingly permitting a gambling device to be set up for use for the purpose of gambling in a place under his control.
Whoever commits permitting premises to be used for gambling is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-19-4, enacted by Laws 1963, ch. 303, § 19-4.
30-19-5 Dealing in gambling devices.
A. Dealing in gambling devices consists of manufacturing, transferring commercially or possessing, with intent to transfer commercially, any of the following:
(1) anything which he knows evidences, purports to evidence or is designed to evidence participation in gambling; or
(2) any device which he knows is designed exclusively for gambling purposes or anything which he knows is designed exclusively as a subassembly or essential part of such device. This includes, without limitation, gambling devices, numbers jars, punchboards and roulette wheels.
Proof of possession of any device designed exclusively for gambling purposes which is not in a gambling place and is not set up for use is prima facie evidence of possession with intent to transfer.
B. The provisions of this section shall not apply to any manufacturer of gambling devices who exports his product exclusively in foreign commerce, and who is under ten thousand dollar ($10,000) bond payable to the state of New Mexico to assure export.
Provided, however, the provisions of this section shall apply to manufacturers of gambling devices used, adapted, devised or designed to be used in bookmaking, in wagering pools with respect to a sporting event, or in a numbers, policy, bolita or similar game.
C. Nothing in this section shall be construed to prohibit the ownership, possession, display, sale, purchase, exchange or transfer of antique gambling devices.
D. Whoever deals in gambling devices, other than those herein specified and excluded, is guilty of a misdemeanor.
History: 1953 Comp., § 40A-19-5, enacted by Laws 1963, ch. 303, § 19-5; 1965, ch. 230, § 1; 1985, ch. 108 § 2.
30-19-6 Permissive lottery.
A. Nothing in Article 19, Chapter 30 NMSA 1978 shall be construed to apply to any sale or drawing of any prize at any fair held in this state for the benefit of any church, public library or religious society situate or being in this state, or for charitable purposes when all the proceeds of such fair shall be expended in this state for the benefit of such church, public library, religious society or charitable purposes.
A lottery shall be operated for the benefit of the organization or charitable purpose only when the entire proceeds of the lottery go to the organization or charitable purpose and no part of such proceeds go to any individual member or employee thereof.
B. Nothing in Article 19, Chapter 30 NMSA 1978 shall be held to prohibit any bona fide motion picture theatre from offering prizes of cash or merchandise for advertising purposes, in connection with such business, or for the purpose of stimulating business, whether or not any consideration other than a monetary consideration in excess of the regular price of admission is exacted for participation in drawings for prizes.
C. Nothing in Article 19, Chapter 30 NMSA 1978 shall be held to apply to any bona fide county fair, including fairs for more than one county, which shall have been held annually at the same location for at least two years and which shall offer prizes of livestock or poultry in connection with such fair when the proceeds of such drawings shall be used for the benefit of said fair.
D. Nothing in Article 19, Chapter 30 NMSA 1978 shall be construed to apply to any lottery operated by an organization exempt from the state income tax pursuant to Subsection C [B] of Section 7-2-4 NMSA 1978 and not subject to the provisions of Subsection A of this section; provided that:
(1) no more than two lotteries shall be operated in any year by such an organization;
(2) all the gross proceeds less the reasonable cost of prizes of any lottery operated by such an organization shall be expended in the state for the benefit of the organization or public purposes; and
(3) no part of the proceeds of any lottery shall go to any individual member or employee of any organization except as payment for the purchase of prizes at no more than the reasonable retail price.
History: 1953 Comp., § 40A-19-6, enacted by Laws 1963, ch. 303, § 19-6; 1981, ch.231, § 1.
30-19-7 Fraudulently operating a lottery
Fraudulently operating a lottery consists of operating or managing any lottery which does not provide a fair and equal chance to all participants, or which lottery is conducted in a manner tending to defraud or mislead the public.
Whoever commits fraudulently operating a lottery is guilty of a misdemeanor.
History: 1953 Comp., § 40A-19-7, enacted by Laws 1963, ch. 303, § 19-7.
30-19-7.2 Recreational bingo exception
Nothing in this chapter or in the New Mexico Bingo and Raffle Act [60-2B-1 NMSA 1978] prohibits a senior citizen group from organizing and conducting bingo at a senior citizen center, provided that no person other than players participating in the bingo game receive or become entitled to receive any part of the proceeds, either directly or indirectly, from the bingo game, and no minor is allowed to participate in the organization or conduct of games or play bingo. As used in this section, "senior citizen group" means an organization in which the majority of the membership consists of persons who are at least fifty-five years of age and the primary activities and purposes of which are to provide recreational or social activities for those persons.
History: Laws 1997, ch. 101, § 1.
30-19-8 Gambling and gambling houses as public nuisance.
Except as otherwise permitted or excepted under this article [30-19-1 to 30-19-15 NMSA 1978], any gambling device or gambling place is a public nuisance per se.
The attorney general, any district attorney or any citizen of this state may institute an injunction proceeding to have such public nuisance abated. In the event such injunction is issued on behalf of any citizen of this state it shall not be necessary in such proceeding to show that he is personally injured by the act complained of.
History: 1953 Comp., § 40A-19-8, enacted by Laws 1963, ch. 303, § 19-8.
30-19-9 Evidence of unlawful use of premises.
Evidence that a place has a general reputation as a gambling site or that at or about the time in question it was frequently visited by persons known to be professional gamblers or known as frequenters of gambling places is admissible on the issue of whether such site is a gambling place.
History: 1953 Comp., § 40A-19-9, enacted by Laws 1963, ch. 303, § 19-9.
30-19-10 Forfeiture of equipment.
Any gambling device or other equipment of any type used in gambling is subject to forfeiture, and the provisions of the Forfeiture Act [31-27-1 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.
History: 1953 Comp., § 40A-19-10, enacted by Laws 1963, ch. 303, § 19-10; 2002, ch. 4 § 14.
30-19-11 Remedy of lessor.
If the lessee of property has been convicted of using it as a gambling place or if the property has been adjudged to constitute a public nuisance, such lease shall be voidable at the option of the lessor. The lessor shall have the same remedies for regaining possession as in the case of a tenant holding over his term.
History: 1953 Comp., § 40A-19-11, enacted by Laws 1963, ch. 303, § 19-11.
30-19-12 Duties of enforcement officials.
Upon the filing with any district judge or justice of the peace [magistrate court] of an affidavit in writing made by any citizen that gambling as prohibited by this article [30-19-1 to 30-19-15 NMSA 1978] is being conducted in any building, room, premises or place describing the same for sufficient identification, it shall be the duty of the district judge or justice of the peace [magistrate] with whom such affidavit is filed to immediately issue a warrant commanding the peace officer to whom the same is addressed to forthwith enter and search the building, room, premises or place. In the event the location is being used for purposes prohibited by this article, the peace officer shall arrest without a warrant the parties therein or making their escape therefrom, and who would be subject to arrest with a warrant. The officers shall also take possession of any gambling paraphernalia, device or equipment found therein, and shall hold the same until deprived of the possession thereof by law. It shall be the duty of the peace officers to take any persons so arrested before some magistrate having jurisdiction and to forthwith file a proper complaint against each person so arrested.
History: 1953 Comp., § 40A-19-12, enacted by Laws 1963, ch. 303, § 19-12.
30-19-13 Bribery of participant in a contest.
Bribery of participant in a contest consists of
A. the transferring or promise to transfer anything of value to any person with intent to influence thereby any participant in a contest to refrain from exerting his full skill, speed, strength or endurance in such contest; or
B. the agreeing or offering by a participant in a contest, to refrain from exerting his full skill, speed, strength or endurance, in return for anything of value transferred or promised to himself or another.
The term "participant" as used in this section includes any person who is selected to or expects to take part in any such contest.
Whoever commits bribery of participant in a contest is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-19-13, enacted by Laws 1963, ch. 303, § 19-13.
30-19-14 Testimony of witnesses to gambling.
Any district judge or justice of the peace [magistrate court] having jurisdiction over any of the crimes enumerated in this article [30-19-1 to 30-19-15 NMSA 1978], or any district attorney inquiring into the alleged violation of any of the provisions of this article, may subpoena persons and compel their attendance as witnesses and may compel such witnesses to testify concerning any violation of this article.
Any person who is so subpoenaed and examined shall be immune to prosecution or conviction for any violation of this article about which he testifies.
A conviction may be had for any violation of this article upon the unsupported testimony of any accomplice or participant.
History: 1953 Comp., § 40A-19-14, enacted by Laws 1963, ch. 303, § 19-14.
30-19-15 Unlawful to accept for profit anything of value to be transmitted or delivered for gambling; penalty.
A. It is unlawful for any person to, directly or indirectly, knowingly accept for a fee, property, salary or reward anything of value from another to be transmitted or delivered for gambling or pari-mutuel wagering on the results of a race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever.
B. None of the provisions of this act shall be construed to prohibit the operation or continued operation of bingo programs presently conducted for charitable purposes.
C. Any person violating any of the provisions of this section is guilty of a fourth degree felony.
History: Laws 1979, ch. 4, § 1.