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New York Penal - Article 225 - § 225.00 Gambling Offenses; Definitions of Terms

Legal Research Home > New York Laws > New York Penal (PEN) > New York Penal - Article 225 - § 225.00 Gambling Offenses; Definitions of Terms

 
  § 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.

Last modified: February 17, 2012