1. A. It is unlawful for:

   1. (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;
   2. (2) any person other than the authority or a lottery retailer to sell or resell any lottery ticket; and
   3. (3) any person to sell a lottery ticket to any person under eighteen years of age.
2. 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.
3. 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.
4. 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.

History: Laws 1995, ch. 155, § 32.

ANNOTATIONS

Gaming application's fee violates the legislature's intent to bar markups on the sale of lottery tickets. — This section provides that no person shall sell a lottery ticket at a price other than at the price established by the New Mexico lottery authority unless authorized in writing by the lottery authority, and therefore the creator of a gaming application, which charges a fee to allow individuals to play state lottery games online using mobile devices or computers, likely violates this provision of the New Mexico Lottery Act. Charging a fee undermines the legislature's intent to bar markups on lottery tickets without written authorization. 2025 Op. Att'y Gen. No. 25-07.

Creator of gaming application must be approved as a lottery retailer to operate in New Mexico. — This section provides that no person other than a lottery retailer shall sell lottery tickets, and therefore the operator of a gaming application, which allows individuals to play the New Mexico lottery online using mobile devices or computers, likely violates this section of the New Mexico Lottery Act unless the operator has been approved as a lottery retailer. By purchasing a lottery ticket for a customer who has provided a fee, the app creator has essentially sold or resold a lottery ticket to an app user, and for that, it must be a lottery retailer. 2025 Op. Att'y Gen. No. 25-07.