A. It is unlawful for the following persons to purchase a lottery ticket or to share knowingly in the lottery winnings of another person:
(1) the chief executive officer, a board member or an employee of the authority; or
(2) an owner, officer or employee of a lottery vendor or, in the case of a corporation, an owner of five percent or more of the corporate stock of a lottery vendor.
B. Notwithstanding the provisions of Subsection A of this section, the chief executive officer may authorize in writing any employee of the authority and any employee of a lottery contractor to purchase a lottery ticket for the purposes of verifying the proper operation of the lottery with respect to security, systems operation and lottery retailer contract compliance. Any prize awarded as a result of such ticket purchase shall become the property of the authority and shall be added to the prize pools of subsequent lottery games.
C. Nothing in this section shall prohibit lottery retailers or their employees from purchasing lottery tickets or from being paid a prize for a winning ticket.
D. Certain classes of persons who, because of the unique nature of the supplies or services they provide for use directly in the operation of the lottery, may be prohibited, in accordance with rules adopted by the board, from participating in any lottery in which such supplies or services are used.
E. 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.
F. 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.
History: Laws 1995, ch. 155, § 33; 2001, ch. 91, § 5.
The 2001 amendment, effective April 2, 2001, deleted "a member of the lottery oversight committee" following "board member" in Subsection A(1).
Structure 2021 New Mexico Statutes
Article 24 - New Mexico Lottery
Section 6-24-2 - Legislative findings.
Section 6-24-5 - New Mexico lottery authority created.
Section 6-24-6 - Powers of the authority.
Section 6-24-7 - Board of directors; duties.
Section 6-24-8 - Lottery games; adoption of rules, policies and procedures by board.
Section 6-24-9 - Legislative oversight; legislative finance committee; duties.
Section 6-24-10 - Chief executive officer; compensation; appointment; duties.
Section 6-24-11 - Employees; conflict of interest; investigations; bonds.
Section 6-24-12 - Executive vice president for security; qualifications; duties.
Section 6-24-14 - Lottery retailers; contracts; sales commission; bonds.
Section 6-24-15 - Lottery tickets; sales.
Section 6-24-16 - Termination of lottery retailer contracts.
Section 6-24-17 - Disclosure of odds.
Section 6-24-18 - Felony and gambling-related convictions; ineligibility for lottery positions.
Section 6-24-19 - Procurement; competitive proposals.
Section 6-24-20 - Disclosures by lottery vendor.
Section 6-24-21 - Drawings for and payment of prizes; unclaimed prizes; applicability of taxation.
Section 6-24-24 - Disposition of revenue.
Section 6-24-25 - Prohibition on use of state funds.
Section 6-24-26 - Authorization to issue revenue bonds.
Section 6-24-27 - Revenue and budget reports; records; independent audits.
Section 6-24-28 - Internal auditor; appointment; duties.
Section 6-24-29 - Unlawfully influencing and fraud; penalties.
Section 6-24-30 - Conflicts of interest; penalties.
Section 6-24-31 - Forgery of lottery ticket; penalty.
Section 6-24-32 - Unlawful sale of lottery ticket; penalty.
Section 6-24-33 - Unlawful purchase of lottery ticket; penalty.
Section 6-24-34 - Criminal provisions of act in addition to any existing Criminal Code provisions.