2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 33 - Fraud and False Dealing
Section 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 through 30-33-11 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 thousand dollars ($5,000) per violation.
C. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act where the violation involves property valued at two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
D. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act where the violation involves property valued in excess of two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
E. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act where the violation involves property valued in excess of five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
F. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act where the violation involves property valued in excess of two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
G. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act where the violation involves property valued in excess of twenty thousand dollars ($20,000) is guilty of a second degree felony.
History: 1953 Comp., § 40-21-25.8, enacted by Laws 1977, ch. 334, § 6; 1991, ch. 90, § 8; 2010, ch. 35, § 1.
Cross references. — For issuance of injunctions, see Rules 1-065 and 1-066 NMRA.
The 2010 amendment, effective July 1, 2010, in Subsection B, after "a civil penalty not to exceed", deleted "five hundred dollars ($500)" and added "five thousand dollars ($5,000)"; in Subsection C, after "Indian Arts and Crafts Sales Act", deleted "is guilty of a petty misdemeanor when" and added "where"; after "involves property valued at", deleted "less than two thousand five-hundred dollars ($2,500) and shall be punished by a fine of not less that 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" and added the reminder of the sentence; in Subsection D, after "Indian Arts and Crafts Sales Act", deleted "is guilty of a misdemeanor when" and added "where"; after "involves property valued", deleted "at or"; after "in excess of", deleted "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 imprisonment in the county jail for not more than one year, or both" and added the reminder of the sentence; in Subsection E, after "Indian Arts and Crafts Sales Act", deleted "is guilty of a fourth degree felony when" and added "where"; after "involves property valued", deleted "at or"; after "in excess of", deleted "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" and added the reminder of the sentence; and added Subsections F and G.
The 1991 amendment, effective June 14, 1991, substituted "penalties" for "remedies" in the catchline; designated the formerly undesignated provision as Subsection A; in Subsection A, inserted "or a district attorney" in the first sentence, deleted "civil penalties not to exceed five thousand dollars ($5,000) per violation" following "restitution" in the second sentence and made a minor stylistic change; and added Subsections B to E.
