§ 5-A — Combative sports

* § 5-a. Combative sports. 1. A "combative sport" shall mean any\nprofessional match or exhibition other than boxing, sparring, wrestling\nor martial arts wherein the contestants deliver, or are not forbidden by\nthe applicable rules thereof from delivering kicks, punches or blows of\nany kind to the body of an opponent or opponents. For the purposes of\nthis section, the term "martial arts" shall include any professional\nmatch or exhibition sanctioned by any of the following organizations:\nU.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae\nKwon Do Union, North American Sport Karate Association, U.S.A. Karate\nFoundation, U.S. Karate, Inc., World Karate Association, Professional\nKarate Association, Karate International, International Kenpo\nAssociation, or World Wide Kenpo Association. The commission is\nauthorized to promulgate regulations which would establish a process to\nallow for the inclusion or removal of martial arts organizations from\nthe above list. Such process shall include but not be limited to\nconsideration of the following factors:\n (a) is the organization's primary purpose to provide instruction in\nself defense techniques;\n (b) does the organization require the use of hand, feet and groin\nprotection during any competition or bout; and\n (c) does the organization have an established set of rules that\nrequire the immediate termination of any competition or bout when any\nparticipant has received severe punishment or is in danger of suffering\nserious physical injury.\n 2. No combative sport shall be conducted, held or given within the\nstate of New York, and no licenses may be approved by the commission for\nsuch matches or exhibitions.\n 3. (a) A person who knowingly advances or profits from a combative\nsport activity shall be guilty of a class A misdemeanor, and shall be\nguilty of a class E felony if he or she has been convicted in the\nprevious five years of violating this subdivision.\n (b) A person advances a combative sport activity when, acting other\nthan as a spectator, he or she engages in conduct which materially aids\nany combative sport. Such conduct includes but is not limited to conduct\ndirected toward the creation, establishment or performance of a\ncombative sport, toward the acquisition or maintenance of premises,\nparaphernalia, equipment or apparatus therefor, toward the solicitation\nor inducement of persons to attend or participate therein, toward the\nactual conduct of the performance thereof, toward the arrangement of any\nof its financial or promotional phases, or toward any other phase of a\ncombative sport. One advances a combative sport activity when, having\nsubstantial proprietary or other authoritative control over premises\nbeing used with his or her knowledge for purposes of a combative sport\nactivity, he or she permits such to occur or continue or makes no effort\nto prevent its occurrence or continuation.\n (c) A person profits from a combative sport activity when he or she\naccepts or receives money or other property with intent to participate\nin the proceeds of a combative sport activity, or pursuant to an\nagreement or understanding with any person whereby he or she\nparticipates or is to participate in the proceeds of a combative sport\nactivity.\n (d) Any person who knowingly advances or profits from a combative\nsport activity shall also be subject to a civil penalty not to exceed\nfor the first violation ten thousand dollars or twice the amount of gain\nderived therefrom whichever is greater, or for a subsequent violation\ntwenty thousand dollars or twice the amount of gain derived therefrom\nwhichever is greater. The attorney general is hereby empowered to\ncommence judicial proceedings to recover such penalties and to obtain\ninjunctive relief to enforce the provisions of this section.\n * NB Repealed September 1, 2016\n