HOUSE BILL 1000

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO CRIMINAL LAW; INCLUDING SALES TO ALL EVENTS AND SALES BY ELECTRONIC MEANS IN THE CRIMINAL OFFENSE OF TICKET SCALPING; LIMITING THE LOCATION OF THE SALE OF TICKETS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 30-46-1 NMSA 1978 (being Laws 1989, Chapter 142, Section 1) is amended to read:

     "30-46-1. TICKET SCALPING.--

          A. Ticket scalping consists of a person:

                (1) selling, offering for sale or attempting to sell, whether in person or by electronic means, any ticket, privilege, license, admission or pass to any [college athletic] event at a price greater than the price charged at the place of admission or printed on the ticket; or

                (2) other than the authorized ticket seller selling, offering for sale or attempting to sell any ticket, privilege, license, admission or pass to an event at a price equal to or less than the price charged at the place of admission or printed on the ticket within five hundred yards of the box office location for a college or professional athletic event or one hundred yards for all other events.

          B. The sale of each ticket, privilege, license, admission or pass in violation of this section shall constitute a separate offense.

          C. Nothing in this section shall prohibit charging a fee for services rendered in connection with the sale of a ticket, privilege, license, admission or pass to an event if the fee is permitted pursuant to a contract between the ticket seller and the sponsor or promoter of the event.

          D. Whoever commits ticket scalping as provided in Paragraph (1) of Subsection A of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine [up] not to exceed five hundred dollars ($500) or by imprisonment for a definite term of less than one year or both.           E. Whoever commits ticket scalping as provided in Paragraph (2) of Subsection A of this section is guilty of a petty misdemeanor and upon conviction shall be punished by a fine not to exceed two hundred fifty dollars ($250) or by imprisonment for a definite term of less than six months or both."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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