A. Dealing in gambling devices consists of manufacturing, transferring commercially or possessing, with intent to transfer commercially, any of the following:

(1) anything which he knows evidences, purports to evidence or is designed to evidence participation in gambling; or

(2) any device which he knows is designed exclusively for gambling purposes or anything which he knows is designed exclusively as a subassembly or essential part of such device. This includes, without limitation, gambling devices, numbers jars, punchboards and roulette wheels.

Proof of possession of any device designed exclusively for gambling purposes which is not in a gambling place and is not set up for use is prima facie evidence of possession with intent to transfer.

B. The provisions of this section shall not apply to any manufacturer of gambling devices who exports his product exclusively in foreign commerce, and who is under ten thousand dollar ($10,000) bond payable to the state of New Mexico to assure export.

Provided, however, the provisions of this section shall apply to manufacturers of gambling devices used, adapted, devised or designed to be used in bookmaking, in wagering pools with respect to a sporting event, or in a numbers, policy, bolita or similar game.

C. Nothing in this section shall be construed to prohibit the ownership, possession, display, sale, purchase, exchange or transfer of antique gambling devices.

D. Whoever deals in gambling devices, other than those herein specified and excluded, is guilty of a misdemeanor.

History: 1953 Comp., § 40A-19-5, enacted by Laws 1963, ch. 303, § 19-5; 1965, ch. 230, § 1; 1985, ch. 108, § 2.

Cross references. — For sentencing for misdemeanors, see 31-19-1 NMSA 1978.

The 1985 amendment effective June 14, 1985, designated the formerly undesignated introductory paragraph as Subsection A, redesignating former Subsections A and B as present Paragraphs (1) and (2) within that subsection, redesignated former Subsection C as present Subsection B, added present Subsection C and designated the formerly undesignated last paragraph as present Subsection D.

Specific intent required. — The narrow definitions of gambling device and dealing in gambling devices in the New Mexico law require a specific intent to use or transfer for use with a gambling purpose, and use for entertainment alone would not subject the parties to prosecution under the gambling statutes. 1969 Op. Att'y Gen. No. 69-54.

Transporting devices to Indian country. — Under this section and 30-19-10 NMSA 1978 the state could seize gambling devices being transported across lands under state jurisdiction to Indian country. 1965 Op. Att'y Gen. No. 65-221.

Importation for entertainment. — Gambling devices may be imported into the state and held for the purposes of providing entertainment for patrons of a nightclub which plans to use the devices with stage money and without any consideration or prize involved in the entertainment. 1969 Op. Att'y Gen. No. 69-54.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 82 to 106.

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.

Possession: validity of criminal legislation making possession of gambling or lottery devices or paraphernalia presumptive or prima facie evidence of other incriminating facts, 17 A.L.R.3d 491.

38 C.J.S. Gaming § 99 et seq.