GAMBLING

GAMBLING

In New Jersey, being convicted of a gambling crime can be very serious and have a lasting effect on your life. There is a fine line in gambling between what is legal and what is deemed to be criminal activity. The most common types of gambling crimes are underage gambling, promoting gambling, and bookmaking. It is important to contact competent legal counsel if you are charged with a crime related to gambling. Many times individuals are suffering from an addiction to gambling, and their gambling impulses affect their personal life as well as their career. At Roberts & Teeter, we understand this. We can help. Our attorneys will do everything in our power to restore your reputation and reduce penalties.

PROMOTING GAMBLING

2C:37-2. Promoting Gambling. Promoting gambling is generally a disorderly persons offense that carries a fine of no more than $10,000. However, promoting gambling can be elevated to a 3rd degree or 4th degree crime. A person is guilty of promoting gambling when they knowingly:

  1. 1. Accept or receive money or other property pursuant to gambling activity; or
  2. 2. Engage in conduct which aids any form of gambling activity.

This offense will be elevated to a 4th degree crime when a person engages in bookmaking to the extent they receive or accept three or more bets in any two-week period. The possible penalty would then be up to 18 months in jail, fines up to $25,000, and any other appropriate disposition authorized by the state of New Jersey.

This charge is elevated to a 3rd degree crimewhen a person engages in:

  1. Bookmaking and takes more than five bets, totaling more than $1,000, in any one day; or
  2. Receives, in connection with a lottery or policy scheme or enterprise
    • money or written records from a person other than a player whose chances or plays are represented by such money or records, or
    • more than $100.00 in any one day of money played in such scheme or enterprise.

If elevated to a 3rd degree crime, the possible penalty then becomes 3-5 years in prison, fines up to $35,000, and any other appropriate disposition authorized by the state of New Jersey.

2C:37-3. Possession of Gambling Records. Possession of gambling records is generally a disorderly persons offense that carries a fine of no more than $20,000. However, possession of gambling records can be elevated to a third degree offense with a possible penalty of 3-5 years in prison and up to $35,000 in fines. A person is guilty of possession of gambling records when, with knowledge of the contents, he possesses any writing, paper, instrument or article:

  1. Commonly used in the operation or promotion of a bookmaking scheme or enterprise; or
  2. Commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise.

This charge is elevated to a 3rd degree crime when the paper, instrument, writing, or article:

  1. In a bookmaking scheme or enterprise, constitute, reflect or represent more than five bets totaling more than $1,000.00; or
  2. In the case of a lottery or policy scheme or enterprise, constitute, reflect or represent more than one hundred plays or chances therein.

MAINTENANCE OF A GAMBLING RESORT

2C:37-4. Maintenance of a Gambling Resort. Maintenance of a gambling resort is a 4th degree crime which carries a possible penalty of up to 18 months in jail and fines up to $25,000. A person is guilty of maintenance of a gambling resort when that person:

  1. Has a substantial proprietary or authoritative control over a premises which is being used, with their knowledge, for the purposes of prohibited gambling activities; and
  2. Permits the activity to occur or continue or makes no effort to prevent its occurrence or continuation; and
  3. Accepts or receives money or other property from any person whereby he participates or will participate in the proceeds of such gambling activity on such
    premises.

SHIPBOARD GAMBLING

2C:37-4.1. Shipboard Gambling. A person is guilty of shipboard gambling when the person:

  1. Knowingly causes, engages in or permits any gambling activity prohibited by the State of New Jersey to be conducted on a boat; or
  2. Manages, supervises, controls, operates or owns any vessel that embarks from any point within the State, and disembarks at the same or another point within the State, during which time the person knowingly causes or permits any gambling activity prohibited by the State, whether the gambling activity is conducted within or without the waters of the State.

Any person who commits this offense is guilty of a crime of the same degree as the most serious crime that was committed in violation of promoting gambling, possession of gambling records or maintenance of a gambling resort.

POSSESSION OF A GAMBLING DEVICE

2C:37-7. Possession of a Gambling Device. Possession of a gambling device is a disorderly persons offense when a person possesses not more than one gambling device, other than a slot machine for social use within the home. Antique slot machines, slot machines manufactured prior to 1941, are not considered gambling devices and are not limited in regard to ownership. However, antique slot machines may not be used for gaming or for any unlawful purpose.

A person is guilty of possession of a gambling device when, with knowledge, they manufacture, sell, transport, place or possess, conduct or negotiate any transaction affecting or designed to affect ownership, custody or use of a slot machine or any other gambling device, believing that the same is to be used in the advancement of unlawful gambling activity.

NEW JERSEY UNDERAGE GAMBLING LAW

New Jersey Underage Gambling Law

N.J.S.A. 5:12-119. Gaming by Certain Persons Prohibited. Underage gambling is an offense committed often by eager young adults and juveniles who are caught gambling in Atlantic City casinos. The law basically states that no person under the age of 21 shall enter, or wager in, a licensed casino or simulcasting facility. However, the law does permit persons under the age of 21 to walk through a casino floor by way of passage to another room. In addition, persons under 21 may be licensed or registered under the provisions of the “Casino Control Act,” and may enter a casino or simulcasting facility in the regular course of their employment within the casino. Underage gambling is a disorderly persons offense and the penalty is a fine between $500-$1,000. In addition to the fine, the court will suspend or postpone the person’s driver’s license for six months. If you have been charged with underage gambling and are under the age of 17, the 6 month license postponement will begin when you turn 17. It is also possible, depending on the circumstances, that the court will issue community service, probation, or even jail time.

Unfortunately, Atlantic City and other areas of New Jersey will not plea bargain in underage gambling cases. It will take competent legal counsel to fight for you in a court of law in order to beat the charges or reduce the penalties as much as possible.

It is very important to understand that parents or guardians can be charged with this offense as well. Under N.J.S.A. 5:12-119(c), a parent, or any person who has control over a person under the age of 21, will be charged if they allow an underage individual to gamble.

If you have been charged with underage gambling, whether you are a minor or an adult, do not hesitate to call Roberts & Teeter Criminal Lawyers to schedule an appointment for your free consultation.

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