2006 New Mexico Statutes - Section 30-33-9 — Violation of act; penalties.

30-33-9. Violation of act; penalties.

A.     In an action brought by the attorney general or a district attorney for a violation under the provisions of the Indian Arts and Crafts Sales Act [ 30-33-1 NMSA 1978], the district court may order temporary or permanent injunctive relief.  The district court shall order restitution and such other relief as may be necessary to redress injury to any person resulting from the violation.   

B.     In any action brought under this section, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by the Indian Arts and Crafts Sales Act, the attorney general or district attorney, upon petition to the court, may recover, on behalf of the state of New Mexico, a civil penalty not to exceed five hundred dollars ($500) per violation.   

C.     Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act is guilty of a petty misdemeanor when the violation involves property valued at less than two thousand five hundred dollars ($2,500) and shall be punished by a fine of not less than one hundred dollars ($100) per violation per day, up to a maximum fine of five hundred dollars ($500) or imprisonment in the county jail for a definite term not to exceed six months, or both.   

D.     Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act [ 30-33-1 NMSA 1978] is guilty of a misdemeanor when the violation involves property valued at or in excess of two thousand five hundred dollars ($2,500) and less than twenty thousand ($20,000) and shall be punished by a fine of not less than one hundred dollars ($100) per violation per day, up to a maximum fine of one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one year, or both.   

E.     Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act is guilty of a fourth degree felony when the violation involves property valued at or in excess of twenty thousand dollars ($20,000) and shall be punished by a fine of not less than one hundred dollars ($100) per violation per day, up to a maximum fine of five thousand dollars ($5,000), or up to eighteen months imprisonment in the county jail, or both.