Indiana Code - Criminal Law and Procedure - Title 35, Section 35-45-5-1

Definitions

Sec. 1. As used in this chapter:

"Gain" means the direct realization of winnings.

"Gambling" means risking money or other property for gain,
contingent in whole or in part upon lot, chance, or the operation of
a gambling device; but it does not include participating in:
(1) bona fide contests of skill, speed, strength, or endurance in
which awards are made only to entrants or the owners of
entries; or
(2) bona fide business transactions that are valid under the law
of contracts.

"Gambling device" means:
(1) a mechanism by the operation of which a right to money or
other property may be credited, in return for consideration, as
the result of the operation of an element of chance;
(2) a mechanism that, when operated for a consideration, does
not return the same value or property for the same consideration
upon each operation;
(3) a mechanism, furniture, fixture, construction, or installation
designed primarily for use in connection with professional
gambling;
(4) a policy ticket or wheel; or
(5) a subassembly or essential part designed or intended for use
in connection with such a device, mechanism, furniture, fixture,
construction, or installation.

In the application of this definition, an immediate and unrecorded
right to replay mechanically conferred on players of pinball machines
and similar amusement devices is presumed to be without value.

"Gambling information" means:
(1) a communication with respect to a wager made in the course
of professional gambling; or
(2) information intended to be used for professional gambling.
"Interactive computer service" means an Internet service, an
information service, a system, or an access software provider that
provides or enables computer access to a computer served by
multiple users. The term includes the following:
(1) A service or system that provides access or is an
intermediary to the Internet.
(2) A system operated or services offered by a library, school,
state educational institution (as defined in IC 20-12-0.5-1), or
private college or university.

"Operator" means a person who owns, maintains, or operates an
Internet site that is used for interactive gambling.

"Profit" means a realized or unrealized benefit (other than a gain)
and includes benefits from proprietorship or management and
unequal advantage in a series of transactions.

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.80; P.L.70-2005, SEC.2.

Last modified: May 24, 2006