Section 6-24-32 - Unlawful sale of lottery ticket; penalty. - New Mexico Statutes

6-24-32. Unlawful sale of lottery ticket; penalty.

A.     It is unlawful for:   

(1)     any person to sell a lottery ticket at a price other than that fixed by the authority pursuant to the New Mexico Lottery Act [6-24-1 NMSA 1978];   

(2)     any person other than the authority or a lottery retailer to sell or resell any lottery ticket; and   

(3)     any person to sell a lottery ticket to any person under eighteen years of age.   

B.     Notwithstanding the provisions of Subsection A of this section, any person may make a gift of lottery tickets, and the authority or a lottery retailer may make a gift of lottery tickets for promotional purposes.   

C.     Any person who violates any provision of this section for the first time is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.   

D.     Any person who violates any provision of this section for a second or subsequent time is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.