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Chiefmcfuz

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From the NYS penal law

Just an FYI ARTICLE 225
GAMBLING OFFENSES
Section 225.00 Gambling offenses; definitions of terms.
225.05 Promoting gambling in the second degree.
225.10 Promoting gambling in the first degree.
225.15 Possession of gambling records in the second degree.
225.20 Possession of gambling records in the first degree.
225.25 Possession of gambling records; defense.
225.30 Possession of a gambling device.
225.32 Possession of a gambling device; defenses.
225.35 Gambling offenses; presumptions.
225.40 Lottery offenses; no defense.

S 225.00 Gambling offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Contest of chance" means any contest, game, gaming scheme or
gaming device in which the outcome depends in a material degree upon an
element of chance, notwithstanding that skill of the contestants may
also be a factor therein.
2. "Gambling." A person engages in gambling when he stakes or risks
something of value upon the outcome of a contest of chance or a future
contingent event not under his control or influence, upon an agreement
or understanding that he will receive something of value in the event of
a certain outcome.
3. "Player" means a person who engages in any form of gambling solely
as a contestant or bettor, without receiving or becoming entitled to
receive any profit therefrom other than personal gambling winnings, and
without otherwise rendering any material assistance to the
establishment, conduct or operation of the particular gambling activity.
A person who gambles at a social game of chance on equal terms with the
other participants therein does not otherwise render material assistance
to the establishment, conduct or operation thereof by performing,
without fee or remuneration, acts directed toward the arrangement or
facilitation of the game, such as inviting persons to play, permitting
the use of premises therefor and supplying cards or other equipment used
therein. A person who engages in "bookmaking", as defined in this
section is not a "player."
4. "Advance gambling activity." A person "advances gambling activity"
when, acting other than as a player, he engages in conduct which
materially aids any form of gambling activity. Such conduct includes but
is not limited to conduct directed toward the creation or establishment
of the particular game, contest, scheme, device or activity involved,
toward the acquisition or maintenance of premises, paraphernalia,
equipment or apparatus therefor, toward the solicitation or inducement
of persons to participate therein, toward the actual conduct of the
playing phases thereof, toward the arrangement of any of its financial
or recording phases, or toward any other phase of its operation. One
advances gambling activity when, having substantial proprietary or other
authoritative control over premises being used with his knowledge for
purposes of gambling activity, he permits such to occur or continue or
makes no effort to prevent its occurrence or continuation.
5. "Profit from gambling activity." A person "profits from gambling
activity" when, other than as a player, he accepts or receives money or
other property pursuant to an agreement or understanding with any person
whereby he participates or is to participate in the proceeds of gambling
activity.
6. "Something of value" means any money or property, any token, object
or article exchangeable for money or property, or any form of credit or
promise directly or indirectly contemplating transfer of money or
property or of any interest therein, or involving extension of a
service, entertainment or a privilege of playing at a game or scheme
without charge.
7. "Gambling device" means any device, machine, paraphernalia or
equipment which is used or usable in the playing phases of any gambling
activity, whether such activity consists of gambling between persons or
gambling by a person involving the playing of a machine. Notwithstanding
the foregoing, lottery tickets, policy slips and other items used in the
playing phases of lottery and policy schemes are not gambling devices.
7-a. A "coin operated gambling device" means a gambling device which
operates as a result of the insertion of something of value. A device
designed, constructed or readily adaptable or convertible for such use
is a coin operated gambling device notwithstanding the fact that it may
require adjustment, manipulation or repair in order to operate as such.
8. "Slot machine" means a gambling device which, as a result of the
insertion of a coin or other object, operates, either completely
automatically or with the aid of some physical act by the player, in
such manner that, depending upon elements of chance, it may eject
something of value. A device so constructed, or readily adaptable or
convertible to such use, is no less a slot machine because it is not in
working order or because some mechanical act of manipulation or repair
is required to accomplish its adaptation, conversion or workability. Nor
is it any less a slot machine because, apart from its use or
adaptability as such, it may also sell or deliver something of value on
a basis other than chance. A machine which sells items of merchandise
which are of equivalent value, is not a slot machine merely because such
items differ from each other in composition, size, shape or color. A
machine which awards free or extended play is not a slot machine merely
because such free or extended play may constitute something of value
provided that the outcome depends in a material degree upon the skill of
the player and not in a material degree upon an element of chance.
9. "Bookmaking" means advancing gambling activity by unlawfully
accepting bets from members of the public as a business, rather than in
a casual or personal fashion, upon the outcomes of future contingent
events.
10. "Lottery" means an unlawful gambling scheme in which (a) the
players pay or agree to pay something of value for chances, represented
and differentiated by numbers or by combinations of numbers or by some
other media, one or more of which chances are to be designated the
winning ones; and (b) the winning chances are to be determined by a
drawing or by some other method based upon the element of chance; and
(c) the holders of the winning chances are to receive something of value
provided, however, that in no event shall the provisions of this
subdivision be construed to include a raffle as such term is defined in
subdivision three-b of section one hundred eighty-six of the general
municipal law.
11. "Policy" or "the numbers game" means a form of lottery in which
the winning chances or plays are not determined upon the basis of a
drawing or other act on the part of persons conducting or connected with
the scheme, but upon the basis of the outcome or outcomes of a future
contingent event or events otherwise unrelated to the particular scheme.
12. "Unlawful" means not specifically authorized by law.

S 225.05 Promoting gambling in the second degree.
A person is guilty of promoting gambling in the second degree when he
knowingly advances or profits from unlawful gambling activity.
Promoting gambling in the second degree is a class A misdemeanor.

S 225.10 Promoting gambling in the first degree.
A person is guilty of promoting gambling in the first degree when he
knowingly advances or profits from unlawful gambling activity by:
1. Engaging in bookmaking to the extent that he receives or accepts in
any one day more than five bets totaling more than five thousand
dollars; or
2. Receiving, in connection with a lottery or policy scheme or
enterprise, (a) money or written records from a person other than a
player whose chances or plays are represented by such money or records,
or (b) more than five hundred dollars in any one day of money played in
such scheme or enterprise.
Promoting gambling in the first degree is a class E felony.

S 225.15 Possession of gambling records in the second degree.
A person is guilty of possession of gambling records in the second
degree when, with knowledge of the contents or nature thereof, he
possesses any writing, paper, instrument or article:
1. Of a kind commonly used in the operation or promotion of a
bookmaking scheme or enterprise; or
2. Of a kind commonly used in the operation, promotion or playing of a
lottery or policy scheme or enterprise; except that in any prosecution
under this subdivision, it is a defense that the writing, paper,
instrument or article possessed by the defendant constituted, reflected
or represented plays, bets or chances of the defendant himself in a
number not exceeding ten.
3. Of any paper or paper product in sheet form chemically converted to
nitrocellulose having explosive characteristics.
4. Of any water soluble paper or paper derivative in sheet form.
Possession of gambling records in the second degree is a class A misdemeanor.

S 225.20 Possession of gambling records in the first degree.
A person is guilty of possession of gambling records in the first
degree when, with knowledge of the contents thereof, he possesses any
writing, paper, instrument or article:
1. Of a kind commonly used in the operation or promotion of a
bookmaking scheme or enterprise, and constituting, reflecting or
representing more than five bets totaling more than five thousand
dollars; or
2. Of a kind commonly used in the operation, promotion or playing of a
lottery or policy scheme or enterprise, and constituting, reflecting or
representing more than five hundred plays or chances therein.
Possession of gambling records in the first degree is a class E felony.

S 225.25 Possession of gambling records; defense.
In any prosecution for possession of gambling records, it is a defense
that the writing, paper, instrument or article possessed by the
defendant was neither used nor intended to be used in the operation or
promotion of a bookmaking scheme or enterprise, or in the operation,
promotion or playing of a lottery or policy scheme or enterprise.

S 225.30 Possession of a gambling device.
a. A person is guilty of possession of a gambling device when, with
knowledge of the character thereof, he or she manufactures, sells,
transports, places or possesses, or conducts or negotiates any
transaction affecting or designed to affect ownership, custody or use
of:
1. A slot machine, unless such possession is permitted pursuant to
article nine-A of the general municipal law; or
2. Any other gambling device, believing that the same is to be used in
the advancement of unlawful gambling activity; or
3. A coin operated gambling device with intent to use such device in
the advancement of unlawful gambling activity.
b. Possession of a slot machine shall not be unlawful where such
possession and use is pursuant to a gaming compact, duly executed by the
governor and an Indian tribe or Nation, under the Indian Gaming
Regulatory Act, as codified at 25 U.S.C. SSSS 2701-2721 and 18 U.S.C
SSSS 1166-1168, where the use of such slot machine or machines is
consistent with such gaming compact and where the state receives a
negotiated percentage of the net drop (defined as gross money wagered
after payout, but before expenses) from any such slot machine or
machines.
Possession of a gambling device is a class A misdemeanor.

S 225.32 Possession of a gambling device; defenses.
1. In any prosecution for possession of a gambling device specified in
subdivision one of section 225.30 of this chapter, it is an affirmative
defense that: (a) the slot machine possessed by the defendant was
neither used nor intended to be used in the operation or promotion of
unlawful gambling activity or enterprise and that such slot machine is
an antique; for purposes of this section proof that a slot machine was
manufactured prior to nineteen hundred forty-one shall be conclusive
proof that such a machine is an antique; (b) the slot machine possessed
by the defendant was manufactured or assembled by the defendant for the
sole purpose of transporting such slot machine in a sealed container to
a jurisdiction outside this state for purposes which are lawful in such
outside jurisdiction; (c) the slot machine possessed by the defendant
was neither used nor intended to be used in the operation or promotion
of unlawful gambling activity or enterprise, is more than thirty years
old, and such possession takes place in the defendant`s home; or (d) the
slot machine was transported into this state in a sealed container for
the purpose of product development, research, or additional manufacture
or assembly, and such slot machine will be or has been transported in a
sealed container to a jurisdiction outside of this state for purposes
which are lawful in such outside jurisdiction.
2. Where a defendant raises an affirmative defense provided by
subdivision one hereof, any slot machine seized from the defendant shall
not be destroyed, or otherwise altered until a final court determination
is rendered. In a final court determination rendered in favor of said
defendant, such slot machine shall be returned, forthwith, to said
defendant, notwithstanding any provisions of law to the contrary.

S 225.35 Gambling offenses; presumptions.
1. Proof of possession of any gambling device or of any gambling
record specified in sections 225.15 and 225.20, is presumptive evidence
of possession thereof with knowledge of its character or contents.
2. In any prosecution under this article in which it is necessary to
prove the occurrence of a sporting event, a published report of its
occurrence in any daily newspaper, magazine or other periodically
printed publication of general circulation shall be admissible in
evidence and shall constitute presumptive proof of the occurrence of
such event.
3. Possession of three or more coin operated gambling devices or
possession of a coin operated gambling device in a public place shall be
presumptive evidence of intent to use in the advancement of unlawful
gambling activity.

S 225.40 Lottery offenses; no defense.
Any offense defined in this article which consists of the commission
of acts relating to a lottery is no less criminal because the lottery
itself is drawn or conducted without the state and is not volatile of
the laws of the jurisdiction in which it was so drawn or conducted.
 
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Upper East Side
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I have a question for Brendan -

How is it that so many bars in the city can run superbowl pools? They seem to be advertised right out in the open and they don't seem to be busted for them. Similarly, there is a bar in my neighborhood that does poker every Wednesday and Sunday nights in the basement and it is also freely advertised. It is free, but the winner does get a prize in the way of a halfprice bar tab. And there are also bingo places around too. And raffles - technically also a game of chance where your risk something (money on tickets) for a chance to win something of value (prizes). How are those not subject to the gambling laws but other things are? I am not at all questioning your information, but that has always bothered me. :) I'm sure there is a rule that I just don't know about.
 
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Chiefmcfuz

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Lissa they get caught eventually, I have seen it first hand.

If you are offering a prize you are gambling. If you get caught you get locked up, fined etc. "Because someone else is doing it" is not an affirmative defense.

Everything is explained in my above post. That is the actual law section, subsection, word for word. Gambling is illegal without the proper permits.
 
Location
Upper East Side
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Like I said, I'm not doubting you. :) I was just curious why it seems like things like raffles always get overlooked as gambling, things like football pools sometimes get overlooked as gambling and things like slot machines never get overlooked as gambling. Now I know.
 

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