reglab/housing_qa huggingface dataset:
NM Stat § 30-19-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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. ANNOTATIONSOffense distinguished from commercial gambling. — Section 30-19-3F NMSA 1978 and Subsection B of this section do not relate to the same activity, since 30-19-3F requires a positive act by an accused relating to commercial gambling, while Subsection B of this section connotes mere passive acquiescence in permitting a gambling device to be set up for use for the purpose of gambling in a place under his control. State v. Marchiondo, 1973-NMCA-137, 85 N.M. 627, 515 P.2d 146, cert. denied, 85 N.M. 639, 515 P.2d 643. As permitting a gambling device to be set up and setting up a gambling device are not identical acts, an individual could not be held accountable under both sections for the same act. State v. Marchiondo, 1973-NMCA-137, 85 N.M. 627, 515 P.2d 146, cert. denied, 85 N.M. 639, 515 P.2d 643. Guilty pleas of others inadmissible. — Upon trial of one charged with unlawfully and knowingly permitting a game of chance for money to be played on premises occupied by him, the record of the information charging third persons with unlawful gaming and their pleas of guilty thereto was inadmissible as hearsay and as depriving the defendant of his constitutional right to be confronted by the witnesses against him. State v. Martino, 1918-NMSC-128, 25 N.M. 47, 176 P. 815. Am. Jur. 2d, A.L.R. and C.J.S. references. — Criminal liability of member or agent of private club or association, or of owner or lessor of its premises, for violation of state or local liquor or gambling laws thereon, 98 A.L.R.3d 694.
NM Stat § 30-19-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 30-19-6 - Permissive lottery.

A. Nothing in Chapter 30, Article 19 NMSA 1978 shall be held to prohibit any bona fide motion picture theater 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. B. Nothing in Chapter 30, Article 19 NMSA 1978 shall be construed to apply to any activity: (1) regulated by the New Mexico Bingo and Raffle Act [60-2F-1 to 60-2F-26 NMSA 1978]; or (2) specifically exempted from regulation by the provisions of the New Mexico Bingo and Raffle Act. History: 1953 Comp., § 40A-19-6, enacted by Laws 1963, ch. 303, § 19-6; 1981, ch. 231, § 1; 2009, ch. 81, § 27. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, deleted former Subsection A, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to a charitable lottery; deleted former Subsection C, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to county fairs; deleted former Subsection D, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to an organization that is exempt from the state income tax; and added Subsection B. Size of permissive lotteries of necessity limited. — Although the provision of Laws 1949, ch. 133, § 1 (former 40-22-18, 1953 Comp.) lifting the ban against lotteries conducted at fairs where entire proceeds were expended in the state for benefit of public libraries, churches or religious societies did not place a limitation on the size of such lotteries, the condition imposed confined them to petty lotteries since removal of profit from a lottery would greatly curtail the size. State v. Jones, 1940-NMSC-066, 44 N.M. 623, 107 P.2d 324 (decided under prior law). Donation of gross proceeds necessary. — Under Laws 1949, ch. 133, § 1 (former 40-22-18, 1953 Comp.), a lottery scheme which appropriated only net proceeds to a charitable organization was illegal. "All the proceeds" meant "gross proceeds." Harriman Inst. of Social Research, Inc. v. Carrie Tingley Crippled Children's Hosp., 1938-NMSC-062, 43 N.M. 1, 84 P.2d 1088 (decided under prior law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling § 60. State lotteries: Actions by ticketholders against state or contractor for state, 40 A.L.R.4th 662. Private contests and lotteries: entrants' rights and remedies, 64 A.L.R.4th 1021. Enforceability of contract to share winnings from legal lottery ticket, 90 A.L.R.4th 784. 54 C.J.S. Lotteries § 11.
NM Stat § 30-19-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Recovery of money or property lost through cheating or fraud in forbidden gambling or game, 39 A.L.R.2d 1213. Private contests and lotteries: entrants' rights and remedies, 64 A.L.R.4th 1021.
NM Stat § 30-19-7.2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 30-19-7.2 - Recreational bingo exception.

Nothing in this chapter or in the New Mexico Bingo and Raffle Act [60-2F-1 to 60-2F-26 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. ANNOTATIONSEffective dates. — Laws 1997, ch. 101 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
NM Stat § 30-19-8 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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. ANNOTATIONSCross references. — For provision defining a public nuisance, see 30-8-1 NMSA 1978. For abatement of a public nuisance, see 30-8-8 NMSA 1978. Former law not exclusive. — Laws 1921, ch. 86, § 9 (40-22-9, 1953 Comp.), providing for closing of gaming-house, did not impair or modify the common-law powers of courts to abate public nuisances summarily inasmuch as it was a permissive statute only. State v. Johnson, 1948-NMSC-033, 52 N.M. 229, 195 P.2d 1017 (decided under prior law). Suit to enjoin pari-mutuel betting not maintainable. — Plaintiffs could not seek injunctive relief through the general gambling statute, 40-22-6, 1953 Comp., to enjoin defendant from using certain premises for pari-mutuel betting on horse racing, until they could have shown that the pari-mutuel statute, 60-1-10 NMSA 1978, was unconstitutional. Patton v. Fortuna Corp., 1960-NMSC-136, 68 N.M. 40, 357 P.2d 1090. Destruction of equipment. — Under Laws 1921, ch. 86, § 9 (former 40-22-9, 1953 Comp.), any gaming-house, gambling table, banking game, gaming paraphernalia or gaming device or equipment of any sort was a public nuisance and the equipment could be ordered destroyed upon hearing for an injunction in district court. State v. Las Cruces Elks Club, 1950-NMSC-013, 54 N.M. 137, 215 P.2d 821. Contempt charge. — Injunction against use of certain premises for gaming was not ineffectual as a basis for contempt charge because of failure of court to order premises closed. Contempt was sufficiently charged by alleging injunction, and subsequent use of premises. State v. Dunn, 1932-NMSC-047, 36 N.M. 258, 13 P.2d 557. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling § 16. Private residence: gambling in private residence as prohibited or permitted by anti-gambling laws, 27 A.L.R.3d 1074. 66 C.J.S. Nuisances § 48.
NM Stat § 30-19-9 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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 frequentors [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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — Admissibility, in prosecution for gambling or gaming offense, of evidence of other acts of gambling, 64 A.L.R.2d 823.
NM Stat § 30-19-10 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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 [Chapter 31, Article 27 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. ANNOTATIONSThe 2002 amendment, effective July 1, 2002, after the first phrase, "Any gambling device or other equipment of any type used in gambling," deleted the rest of the section, which contained standards and procedures for the forfeiture of gambling devices and other equipment of any type used in gambling; and added the present remainder of section. Under law prior to 2002, slot machines in private home that are not used for illegal gambling are not gaming machines or gambling devices and therefore are not subject to forfeiture because they are not licensed under the Gaming Control Act. State ex rel. N.M. Gaming Control Bd. v. Ten (10) Gaming Devices, 2005-NMCA-117, 138 N.M. 426, 120 P.3d 848, cert. quashed, 2006-NMCERT-003, 139 N.M. 352, 132 P.3d 1038. Forfeiture of money. — Money segregated as gambling paraphernalia cannot be restored to the former owner, and such money which has been earmarked as an integral part of gambling equipment may be seized as a gambling device; this rule is not limited to situations where money is placed inside a gambling device such as a slot machine and becomes a component part thereof, but includes money found lying on a card table which had been used in the game. State v. Casarez, 1965-NMSC-103, 75 N.M. 436, 405 P.2d 759. Applicability. — Statute providing for forfeiture of gambling devices seized by law enforcement officials has no application to equipment not "used in gambling." 1969 Op. Att'y Gen. No. 69-54. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 174 to 183. Money in gambling machine or other receptacle, used in connection with gambling, seized by public authorities, rights and remedies in respect of, 79 A.L.R. 1007. Forfeiture of property for unlawful use before trial of individual offender, 3 A.L.R.2d 738. Forfeiture of money used in connection with gambling or lottery, or seized by officers in connection with an arrest or search on premises where such activities took place, 19 A.L.R.2d 1228. Paraphernalia or appliances used for recording gambling transactions or receiving or furnishing gambling information as gaming "devices" within criminal statute or ordinance, 1 A.L.R.3d 726. Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473. Constitutionality of statutes providing for destruction of gambling devices, 14 A.L.R.3d 366. 38A C.J.S. Gaming § 75 et seq.
NM Stat § 30-19-11 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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. ANNOTATIONSCross references. — For forcible entry and detainer, see 35-10-1 NMSA 1978 et seq. For Uniform Owner-Resident Relations Act, see 47-8-1 NMSA 1978 et seq.
NM Stat § 30-19-12 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished by 35-1-38 NMSA 1978, and the jurisdiction, powers and duties were transferred to the magistrate courts. Disposition of affidavit. — Former section 40-22-8, 1953 Comp., provided only for the filing of the required affidavit and had no further directive as to the disposition of the same by the judge. Howard v. United States, 306 F.2d 392 (10th Cir. 1962). Effect of misplacing affidavit. — If the affidavit provided for in 40-22-8, 1953 Comp., was lost or misplaced, the search warrant and the proceedings leading to its issuance, otherwise in conformity with the statute, could not be thereby invalidated. Howard v. United States, 306 F.2d 392 (10th Cir. 1962). Am. Jur. 2d, A.L.R. and C.J.S. references. — 38A C.J.S. Gaming § 75 et seq.
NM Stat § 30-19-13 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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. ANNOTATIONSCross references. — For other provisions relating to bribery, see 30-24-1 to 30-24-3 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Bribery in athletic contest, 49 A.L.R.2d 1234. Private contests and lotteries: entrants' rights and remedies, 64 A.L.R.4th 1021. Recovery in tort for wrongful interference with chance to win game, sporting event, or contest, 85 A.L.R.4th 1048.
NM Stat § 30-19-14 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace has been abolished by 35-1-38 NMSA 1978 and the jurisdiction, powers and duties thereof have been transferred to the magistrate courts. Subpoena powers limited. — A close study of the statutory language contained in 40-22-11, 1953 Comp., predecessor of this section, leads to the conclusion that the powers vested in district attorneys under the provisions of that section were limited to situations wherein the witnesses were brought before a grand jury, or were subpoenaed to testify as to alleged violations of the gaming laws of the state at the time of trial. 1961 Op. Att'y Gen. No. 61-88. Am. Jur. 2d, A.L.R. and C.J.S. references. — Witness, asking as to pursuing occupation of gambling for purposes of impeachment, 1 A.L.R. 1402. Admissibility, in prosecution for gambling or gaming offense, of evidence of other acts of gambling, 64 A.L.R.2d 823.
NM Stat § 30-19-15 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 19 - Gambling|Section 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 parimutuel [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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The term "this act", referred to in Subsection B, means Laws 1979, ch. 4. Laws 1979, ch. 4, § 1, is compiled as this section.
NM Stat § 30-20-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 20 - Crimes Against Public Peace|Section 30-20-2 - Public affray.

Public affray consists of two or more persons voluntarily or by agreement engaging in any fight or using any blows or violence toward each other in an angry or quarrelsome manner in any public place, to the disturbance of others. Whoever commits public affray is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-20-3, enacted by Laws 1963, ch. 303, § 20-3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Breach of Peace and Disorderly Conduct § 18. Sufficiency of evidence to establish criminal participation by individual involved in gang fight or assault, 24 A.L.R.4th 243. 2A C.J.S. Affray §§ 5 to 14.
NM Stat § 30-20-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 20 - Crimes Against Public Peace|Section 30-20-4 - Recompiled.

ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled former 30-20-4 NMSA 1978 as 12-10-16 NMSA 1978, effective July 1, 2005.
NM Stat § 30-20-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 20 - Crimes Against Public Peace|Section 30-20-5 - Recompiled.

ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled former 30-20-5 NMSA 1978 as 12-10-17 NMSA 1978, effective July 1, 2005.
NM Stat § 30-20-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 20 - Crimes Against Public Peace|Section 30-20-6 - Recompiled.

ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled former 30-20-6 NMSA 1978 as 12-10-18 NMSA 1978, effective July 1, 2005.
NM Stat § 30-20-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 20 - Crimes Against Public Peace|Section 30-20-7 - Recompiled.

ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled former 30-20-7 NMSA 1978 as 12-10-19 NMSA 1978, effective July 1, 2005.
NM Stat § 30-20-8 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 20 - Crimes Against Public Peace|Section 30-20-8 - Recompiled.

ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled former 30-20-8 NMSA 1978 as 12-10-20 NMSA 1978, effective July 1, 2005.
NM Stat § 30-20-9 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 20 - Crimes Against Public Peace|Section 30-20-9 - Recompiled.

ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled former 30-20-9 NMSA 1978 as 12-10-21 NMSA 1978, effective July 1, 2005.