N.Y. Boxing, Sparring and Wrestling Ch. 912/20 § 5-a: Combative sports

* § 5-a. Combative sports. 1. A "combative sport" shall mean any

professional match or exhibition other than boxing, sparring, wrestling

or martial arts wherein the contestants deliver, or are not forbidden by

the applicable rules thereof from delivering kicks, punches or blows of

any kind to the body of an opponent or opponents. For the purposes of

this section, the term "martial arts" shall include any professional

match or exhibition sanctioned by any of the following organizations:

U.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae

Kwon Do Union, North American Sport Karate Association, U.S.A. Karate

Foundation, U.S. Karate, Inc., World Karate Association, Professional

Karate Association, Karate International, International Kenpo

Association, or World Wide Kenpo Association. The commission is

authorized to promulgate regulations which would establish a process to

allow for the inclusion or removal of martial arts organizations from

the above list. Such process shall include but not be limited to

consideration of the following factors:

(a) is the organization's primary purpose to provide instruction in

self defense techniques;

(b) does the organization require the use of hand, feet and groin

protection during any competition or bout; and

(c) does the organization have an established set of rules that

require the immediate termination of any competition or bout when any

participant has received severe punishment or is in danger of suffering

serious physical injury.

2. No combative sport shall be conducted, held or given within the

state of New York, and no licenses may be approved by the commission for

such matches or exhibitions.

3. (a) A person who knowingly advances or profits from a combative

sport activity shall be guilty of a class A misdemeanor, and shall be

guilty of a class E felony if he or she has been convicted in the

previous five years of violating this subdivision.

(b) A person advances a combative sport activity when, acting other

than as a spectator, he or she engages in conduct which materially aids

any combative sport. Such conduct includes but is not limited to conduct

directed toward the creation, establishment or performance of a

combative sport, toward the acquisition or maintenance of premises,

paraphernalia, equipment or apparatus therefor, toward the solicitation

or inducement of persons to attend or participate therein, toward the

actual conduct of the performance thereof, toward the arrangement of any

of its financial or promotional phases, or toward any other phase of a

combative sport. One advances a combative sport activity when, having

substantial proprietary or other authoritative control over premises

being used with his or her knowledge for purposes of a combative sport

activity, he or she permits such to occur or continue or makes no effort

to prevent its occurrence or continuation.

(c) A person profits from a combative sport activity when he or she

accepts or receives money or other property with intent to participate

in the proceeds of a combative sport activity, or pursuant to an

agreement or understanding with any person whereby he or she

participates or is to participate in the proceeds of a combative sport

activity.

(d) Any person who knowingly advances or profits from a combative

sport activity shall also be subject to a civil penalty not to exceed

for the first violation ten thousand dollars or twice the amount of gain

derived therefrom whichever is greater, or for a subsequent violation

twenty thousand dollars or twice the amount of gain derived therefrom

whichever is greater. The attorney general is hereby empowered to

commence judicial proceedings to recover such penalties and to obtain

injunctive relief to enforce the provisions of this section.

* NB Repealed September 1, 2016