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.
A machine which awards free or extended play is not a gambling device
merely because such free or extended play may constitute something of
value provided that the outcome depends upon the skill of the player and
not in a material degree upon an element of chance.
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.
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.
13. “Authorized gaming establishment” means any structure, structure
and adjacent or attached structure, or grounds adjacent to a structure
in which casino gaming, conducted pursuant to article thirteen of the
racing, pari-mutuel wagering and breeding law, or Class III gaming, as
authorized pursuant to a compact reached between the state of New York
and a federally recognized Indian nation or tribe under the federal
Indian Gaming Regulatory Act of 1988, is conducted and shall include all
public and non-public areas of any such building, except for such areas
of a building where either Class I or II gaming are conducted or any
building or grounds known as a video gaming entertainment facility,
including facilities where food and drink are served, as well as those
areas not normally open to the public, such as where records related to
video lottery gaming operations are kept, except shall not include the
racetracks or such areas where such video lottery gaming operations or
facilities do not take place or exist, such as racetrack areas or
fairgrounds which are wholly unrelated to video lottery gaming
operations, pursuant to section sixteen hundred seventeen-a and
paragraph five of subdivision a of section sixteen hundred twelve of the
tax law, as amended and implemented.
14. “Authorized gaming operator” means an enterprise or business
entity authorized by state or federal law to operate casino or video
lottery gaming.
15. “Casino gaming” means games authorized to be played pursuant to a
license granted under article thirteen of the racing, pari-mutuel
wagering and breeding law or by federally recognized Indian nations or
tribes pursuant to a gaming compact reached in accordance with the
federal Indian Gaming Regulatory Act of 1988, Pub. L. 100-497, 102 Stat.
2467, codified at 25 U.S.C. S 2701-21 and 18 U.S.C. S 1166-68.
16. “Cash equivalent” means a treasury check, a travelers check, wire
transfer of funds, transfer check, money order, certified check,
cashiers check, payroll check, a check drawn on the account of the
authorized gaming operator payable to the patron or to the authorized
gaming establishment, a promotional coupon, promotional chip,
promotional cheque, promotional token, or a voucher recording cash drawn
against a credit card or charge card.
17. “Cheques” or “chips” or “tokens” means nonmetal, metal or partly
metal representatives of value, redeemable for cash or cash equivalent,
and issued and sold by an authorized casino operator for use at an
authorized gaming establishment. The value of such cheques or chips or
tokens shall be considered equivalent in value to the cash or cash
equivalent exchanged for such cheques or chips or tokens upon purchase
or redemption.
18. “Class I gaming” and “Class II gaming” means those forms of gaming
that are not Class III gaming, as defined in subsection eight of section
four of the federal Indian Gaming Regulatory Act, 25 U.S.C. S 2703.
19. “Class III gaming” means those forms of gaming that are not Class
I or Class II gaming, as defined in subsections six and seven of section
four of the federal Indian Gaming Regulatory Act, 25 U.S.C. S 2703 and
those games enumerated in the Appendix of a gaming compact.
20. “Compact” or “gaming compact” means the agreement between a
federally recognized Indian tribe and the state of New York regarding
Class III gaming activities entered into pursuant to the federal Indian
Gaming Regulatory Act, Pub. L. 100-497, 102 Stat. 2467, codified at 25
U.S.C. S 2701-21 and 18 U.S.C. S 1166-68 (1988 Supp. II).
21. “Gaming equipment or device” means any machine or device which is
specially designed or manufactured for use in the operation of any Class
III or video lottery game.
22. “Gaming regulatory authority” means, with respect to any
authorized gaming establishment on Indian lands, territory or
reservation, the Indian nation or tribal gaming commission, its
authorized officers, agents and representatives acting in their official
capacities or such other agency of a nation or tribe as the nation or
tribe may designate as the agency responsible for the regulation of
Class III gaming, jointly with the state gaming agency, conducted
pursuant to a gaming compact between the nation or tribe and the state
of New York, or with respect to any casino gaming authorized pursuant to
article thirteen of the racing, pari-mutuel wagering and breeding law or
video lottery gaming conducted pursuant to section sixteen hundred
seventeen-a and paragraph five of subdivision a of section sixteen
hundred twelve of the tax law, as amended and implemented.
23. “Premises” includes any structure, parking lot, building, vehicle,
watercraft, and any real property.
24. “Sell” means to sell, exchange, give or dispose of to another.
25. “State gaming agency” shall mean the New York state gaming
commission, its authorized officials, agents, and representatives acting
in their official capacities as the regulatory agency of the state which
has responsibility for regulation with respect to video lottery gaming
or casino gaming.
26. “Unfair gaming equipment” means loaded dice, marked cards,
substituted cards or dice, or fixed roulette wheels or other gaming
equipment which has been altered in a way that tends to deceive or tends
to alter the elements of chance or normal random selection which
determine the result of the game or outcome, or the amount or frequency
of the payment in a game.
27. “Unlawful gaming property” means:
(a) any device, not prescribed for use in casinio gaming by its rules,
which is capable of assisting a player:
(i) to calculate any probabilities material to the outcome of a
contest of chance; or
(ii) to receive or transmit information material to the outcome of a
contest of chance; or
(b) any object or article which, by virtue of its size, shape or any
other quality, is capable of being used in casino gaming as an improper
substitute for a genuine chip, cheque, token, betting coupon, debit
instrument, voucher or other instrument or indicia of value; or
(c) any unfair gaming equipment.
28. “Video lottery gaming” means any lottery game played on a video
lottery terminal, which consists of multiple players competing for a
chance to win a random drawn prize pursuant to section sixteen hundred
seventeen-a and paragraph five of subdivision a of section sixteen
hundred twelve of the tax law, as amended and implemented.
29. “Voucher” means an instrument of value generated by a video
lottery terminal representing a monetary amount and/or play value owed
to a customer at a specific video lottery terminal based on video
lottery gaming winnings and/or amounts not wagered.
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. S 2701-2721 and 18 U.S.C
S 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.
c. Transportation and possession of a slot machine shall not be
unlawful where such transportation and possession is necessary to
facilitate the training of persons in the repair and reconditioning of
such machines as are used or are to be used for operations in those
casinos authorized pursuant to a tribal-state compact as provided for
pursuant to section eleven hundred seventy-two of title fifteen of the
United States Code in the state of New York.
d. Transportation and possession of a slot machine shall not be
unlawful where such slot machine was transported into this state in a
sealed container and possessed 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.
e. Transportation and possession of a gambling device shall not be
unlawful where (i) the manufacturer or distributor of the gambling
device has filed a statement with the state gaming commission required
by subdivision twenty-one of section one hundred four of the racing,
pari-mutuel wagering and breeding law, (ii) such gambling device was
transported into this state in a sealed container and possessed for the
purpose of exhibition or marketing in accordance with such statement,
and (iii) such device is thereafter transported in a sealed container to
a jurisdiction outside of this state for purposes that are lawful in
such outside jurisdiction.
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.
S 225.55 Gaming fraud in the second degree.
A person is guilty of gaming fraud in the second degree when he or
she:
1. with intent to defraud and in violation of the rules of the casino
gaming, misrepresents, changes the amount bet or wagered on, or the
outcome or possible outcome of the contest or event which is the subject
of the bet or wager, or the amount or frequency of payment in the casino
gaming; or
2. with intent to defraud, obtains anything of value from casino
gaming without having won such amount by a bet or wager contingent
thereon.
Gaming fraud in the second degree is a class A misdemeanor.
S 225.60 Gaming fraud in the first degree.
A person is guilty of gaming fraud in the first degree when he or she
commits a gaming fraud in the second degree, and:
1. The value of the benefit obtained exceeds one thousand dollars; or
2. He or she has been previously convicted within the preceding five
years of any offense of which an essential element is the commission of
a gaming fraud.
Gaming fraud in the first degree is a class E felony.
S 225.65 Use of counterfeit, unapproved or unlawful wagering instruments.
A person is guilty of use of counterfeit, unapproved or unlawful
wagering instruments when in playing or using any casino gaming designed
to be played with, received or be operated by chips, cheques, tokens,
vouchers or other wagering instruments approved by the appropriate
gaming regulatory authority, he or she knowingly uses chips, cheques,
tokens, vouchers or other wagering instruments other than those approved
by the appropriate gaming regulating authority and the state gaming
agency or lawful coin or legal tender of the United States of America.
Possession of more than one counterfeit, unapproved or unlawful
wagering instrument described in this section is presumptive evidence of
possession thereof with knowledge of its character or contents.
Use of counterfeit, unapproved or unlawful wagering instruments is a
class A misdemeanor.
S 225.70 Possession of unlawful gaming property in the third degree.
A person is guilty of possession of unlawful gaming property in the
third degree when he or she possesses, with intent to use such property
to commit gaming fraud, unlawful gaming property at a premises being
used for casino gaming.
Possession of unlawful gaming property in the third degree is a class
A misdemeanor.
S 225.75 Possession of unlawful gaming property in the second degree.
A person is guilty of possession of unlawful gaming property in the
second degree when:
1. He or she makes, sells, or possesses with intent to sell, any
unlawful gaming property at a casino gaming facility, the value of which
exceeds three hundred dollars, with intent that it be made available to
a person for unlawful use; or
2. He or she commits possession of unlawful gaming property in the
third degree as defined in section 225.70 of this article, and the face
value of the improper substitute property exceeds five hundred dollars;
or
3. He or she commits the offense of possession of unlawful gaming
property in the third degree and has been previously convicted within
the preceding five years of any offense of which an essential element is
possession of unlawful gaming property.
Possession of unlawful gaming property in the second degree is a class
E felony.
S 225.80 Possession of unlawful gaming property in the first degree.
A person is guilty of possession of unlawful gaming property in the
first degree when:
1. He or she commits the crime of unlawful possession of gaming
property in the third degree as defined in section 225.70 of this
article and the face value of the improper substitute property exceeds
one thousand dollars; or
2. He or she commits the offense of possession of unlawful gaming
property in the second degree as defined in subdivision one or two of
section 225.75 of this article and has been previously convicted within
the preceding five years of any offense of which an essential element is
possession of unlawful gaming property.
Possession of unlawful gaming property in the first degree
S 225.85 Use of unlawful gaming property.
A person is guilty of use of unlawful gaming property when he or she
knowingly with intent to defraud uses unlawful gaming property at a
premises being used for casino gaming.
Use of unlawful gaming property is a class E felony.
S 225.90 Manipulation of gaming outcomes at an authorized gaming establishment.
A person is guilty of manipulation of gaming outcomes at an authorized
gaming establishment when he or she:
1. Knowingly conducts, operates, deals or otherwise manipulates, or
knowingly allows to be conducted, operated, dealt or otherwise
manipulated, cards, dice or gaming equipment or device, for themselves
or for another, through any trick or sleight of hand performance, with
the intent of deceiving or altering the elements of chance or normal
random selection which determines the result or outcome of the game, or
the amount or frequency of the payment in a game; or
2. Knowingly uses, conducts, operates, deals, or exposes for play, or
knowingly allows to be used, conducted, operated, dealt or exposed for
play any cards, dice or gaming equipment or device, or any combination
of gaming equipment or devices, which have in any manner been altered,
marked or tampered with, or placed in a condition, or operated in a
manner, the result of which tends to deceive or tends to alter the
elements of chance or normal random selection which determine the result
of the game or outcome, or the amount or frequency of the payment in a
game; or
3. Knowingly uses, or possesses with the intent to use, any cards,
dice or other gaming equipment or devices other than that provided by an
authorized gaming operator for current use in a permitted gaming
activity; or
4. Alters or misrepresents the outcome of a game or other event on
which bets or wagers have been made after the outcome is made sure but
before it is revealed to players.
Possession of altered, marked or tampered with dice, cards, or gaming
equipment or devices at an authorized gambling establishment is
presumptive evidence of possession thereof with knowledge of its
character or contents and intention to use such altered, marked or
tampered with dice, cards, or gaming equipment or devices in violation
of this section.
Manipulation of gaming outcomes at an authorized gaming establishment
is a class A misdemeanor provided, however, that if the person has
previously been convicted of this crime within the past five years this
crime shall be a class E felony.
S 225.95 Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming.
A person is guilty of unlawful manufacture, sale, distribution,
marking, altering or modification of equipment and devices associated
with gaming when if he or she:
1. Manufactures, sells or distributes any cards, chips, cheques,
tokens, dice, vouchers, game or device and he or she knew or reasonably
should have known it was intended to be used to violate any provision of
this article; or
2. Marks, alters or otherwise modifies any associated gaming equipment
or device in a manner that either affects the result of the wager by
determining win or loss or alters the normal criteria of random
selection in a manner that affects the operation of a game or determines
the outcome of a game, and he or she knew or reasonably should have
known that it was intended to be used to violate any provision of this
article.
Unlawful manufacture, sale, distribution, marking, altering or
modification of equipment and devices associated with gaming is a class
A misdemeanor provided, however, that if the person has previously been
convicted of this crime within the past five years this crime shall be a
class E felony.