A person engages in gambling if he stakes or risks something of valueupon the outcome of a contest of chance or a future contingent event notunder his control or influence, upon an agreement or understanding thathe or someone else will receive something of value in the event of a certainoutcome. Gambling does not include bona fide business transactions validunder the law of contracts, such as the purchase or sale at a future dateof securities or commodities, contracts of indemnity or guaranty and life,health or accident insurance.
Federal law defines illegal gambling activity as:
- Is a violation of the law of the state in which it is conducted; and
- (Involves five or more persons who conduct, finance, manage, supervise,direct or own all or part of such business; and
- Has been or remains in substantially continuous operation for aperiod in excess of thirty days, or has a gross revenue of $2,000 in anysingle day.
State laws on illegal gambling activity vary by state and often includeoffenses for possessing illegal gambling devices and promoting illegalgambling activity. An illegal gambling device is any device, machine, paraphernaliaor equipment that is normally used or usable in the playing phases of anygambling activity, whether that activity consists of gambling between personsor gambling by a person involving the playing of a machine. However, lotterytickets, policy slips and other items used in the playing phases of lotteryand policy schemes are not gambling devices within this definition.
Gambling is accepting, recording, or registering bets, or carryingon a policy game or any other lottery, or playing any game of chance, formoney or other thing of value. Title 18, U.S.C., Sec. 1955, makes it afederal crime or offense for anyone to conduct an 'illegal gambling business.'
An 'illegal gambling business' is defined to be a gambling businesswhich:
- Is a violation of the law of the state in which it is conducted;and
- Involves five or more persons who conduct, finance, manage, supervise,direct or own all or part of such business; and
- Has been or remains in substantially continuous operation for aperiod in excess of thirty days, or has a gross revenue of $2,000 in anysingle day.
State laws also govern gambling. Some states prohibit public wagersor betting by minors, while others allow wagering up to a certain amount.In some states parimutuel betting on horse races at the tracks is legaland most states operate or participate in daily and weekly lotteries. Somestates, however, particularly those along the Mississippi River, restrictcasino gambling to riverboats. Since passage of the federal Indian GamingRegulatory Act of 1988, states have been required to permit on reservationsany type of gambling that is permitted off-reservation. Gambling is a significantsource of revenue in their respective states and the subject of controversydue to the social ills which have been argued to be connected to it, suchas organized crime and gambling addiction.
Relevant legal forms include:
Jury Instruction - Illegal Gambling Business (Bookmaking)
Jury Instruction - Transmission Of Wagering Information
Jury Instruction - Interstate Transportation Of Wagering Paraphernalia(Bookmaking)
