Texas Penal Code - Section 47.02. Gambling
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Texas Lawyer > Penal Code > Texas Penal Code - Section 47.02. Gambling
§ 47.02. GAMBLING. (a) A person commits an offense if he:
(1) makes a bet on the partial or final result of a
game or contest or on the performance of a participant in a game or
contest;
(2) makes a bet on the result of any political
nomination, appointment, or election or on the degree of success of
any nominee, appointee, or candidate; or
(3) plays and bets for money or other thing of value at
any game played with cards, dice, balls, or any other gambling
device.
(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling in a private place;
(2) no person received any economic benefit other than
personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning were the same for all
participants.
(c) It is a defense to prosecution under this section that
the actor reasonably believed that the conduct:
(1) was permitted under Chapter 2001, Occupations
Code;
(2) was permitted under Chapter 2002, Occupations
Code;
(3) consisted entirely of participation in the state
lottery authorized by the State Lottery Act (Chapter 466,
Government Code);
(4) was permitted under the Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes); or
(5) consisted entirely of participation in a drawing
for the opportunity to participate in a hunting, fishing, or other
recreational event conducted by the Parks and Wildlife Department.
(d) An offense under this section is a Class C misdemeanor.
(e) It is a defense to prosecution under this section that a
person played for something of value other than money using an
electronic, electromechanical, or mechanical contrivance excluded
from the definition of "gambling device" under Section 47.01(4)(B).
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 101, ch. 11, § 43,
eff. Nov. 10, 1981; Acts 1989, 71st Leg., ch. 957, § 2, eff. Jan.
1, 1990; Acts 1991, 72nd Leg., 1st C.S., ch. 6, § 3; Acts 1993,
73rd Leg., ch. 107, § 4.04, eff. Aug. 30, 1993; Acts 1993, 73rd
Leg., ch. 774, § 2, eff. Aug. 30, 1993. Acts 1993, 73rd Leg., ch.
900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76,
§ 14.53, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, §
20, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 931, § 79, eff.
June 16, 1995; Acts 1997, 75th Leg., ch. 1256, § 124, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1420, § 14.834, eff. Sept. 1,
2001.
Section: 46.09 46.10 46.11 46.12 46.13 46.15 47.01 47.02 47.03 47.04 47.05 47.06 47.07 47.08 47.09
Last modified: August 11, 2007
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