A. It is unlawful for a person intentionally to possess an unlicensed or illegal gaming device, except that:

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
fourth degree felonyup to 18 monthsup to $5,000
For details, see N.M. Stat. Ann. § 31-18-15

(1)     a distributor licensee or a manufacturer licensee may possess an unlicensed gaming device while awaiting transfer of the gaming device to a gaming operator licensee for licensure; and

(2)     a person may possess an unlicensed gaming device for the limited purposes provided for in Section 60-2E-13.1 N.M. Stat. Ann..

B. A person may possess an antique gambling device as defined in Subsection A of Section 30-19-1 N.M. Stat. Ann., provided the antique gambling device is not used in gambling.

C. A person violating this section is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 N.M. Stat. Ann..