A. It is unlawful for any person for commercial advantage or private financial gain to advertise, offer for sale or resale, sell, resell, lease or possess for any of these purposes any recording that the person knows does not contain the true name of the manufacturer in a prominent place on the cover, jacket or label of the recording.
B. Any person violating the provisions of Subsection A of this section:
(1) when the offense involves seven or more unauthorized recordings embodying sound or seven or more audiovisual recordings, at any one time, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(2) when the offense involves fewer than seven unauthorized recordings embodying sound or fewer than seven audiovisual recordings, at any one time, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History: Laws 1991, ch. 112, § 4; 2005, ch. 248, § 2.
The 2005 amendment, effective July 1, 2005, changed the threshold number of recordings embodying sound from one hundred to seven, deleted the former qualification that the recordings occur during a one-hundred-eighty-day period, and added the qualification that the recordings may occur at any one time in Subsection B(1); and changed the number of recordings embodying sound from fewer than one hundred to fewer than seven, deletes the former qualification that the recordings occur during a one-hundred-eighty-day period and adds the qualification that the recordings may occur at any one time in Subsection B(2).
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