Gambling device or record: means anything designed for use in gambling, intended for use in gambling, or used for gambling. See Tennessee Code 39-17-501 Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision.
(a)
- Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both. (b) As used in this section— (1) “ illegal gambling business ” means a gambling business which—.
- However, despite the popularity and even acceptance of gambling, this activity is prohibited by law in certain situations. Under California Penal Code Section 330 PC, gaming is illegal and can expose those convicted to criminal penalties. To prove a charge of gaming, a prosecutor must be able to establish the following elements.
- However, online gambling is illegal throughout the country under federal law. You can report online gambling to the FBI. Live gambling that violates state law should be reported to the appropriate state authority – typically a gaming commission or illegal gambling task force within state law enforcement.
Terms Used In Tennessee Code 39-17-505
- Gambling device or record: means anything designed for use in gambling, intended for use in gambling, or used for gambling. See Tennessee Code 39-17-501
- Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See Tennessee Code 39-11-106
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Lottery: means the selling of anything of value for chances on a prize or stake. See Tennessee Code 39-17-501
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
- Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(37) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) A person commits an offense who knowingly owns, manufactures, possesses, buys, sells, rents, leases, stores, repairs, transports, prints, or makes any gambling device or record.
(2) It is not an offense for a person to own or possess in this state a lottery ticket originating from a state in which a lottery is lawful, if the ticket is not owned or possessed for the purpose of resale.
(3) It is not an offense for a person to knowingly own, manufacture, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record if the device or record is owned, manufactured, possessed, bought, sold, rented, leased, stored, repaired, transported, printed or made pursuant to title 4, chapter 51, part 1 and part 6 of this chapter.
(4) It is not an offense for a person to knowingly own, manufacture, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record if the device or record is for the purpose of conducting an annual event pursuant to title 3, chapter 17, and part 6 of this chapter.
(5)
(A) It shall not be an offense for a manufacturer of gambling devices to knowingly own, manufacture, assemble, design, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record solely intended for gambling outside of this state and in compliance with the laws of the United States. The requirement that the manufacturing, selling or leasing of gambling devices be intended solely for gambling outside of the state shall not restrict uses of the gambling devices by the manufacturer that are ancillary or accessorial to the manufacturing, selling or leasing process or business, including, but not limited to, using the gambling devices for research and development, employee training, compliance program initiatives, testing and quality assurance processes, showroom display, leasing or purchasing or selling of gambling devices or parts or equipment, storage or warehousing of gambling devices or parts or equipment, maintenance or refurbishing of gambling devices or parts or equipment, and safekeeping of gambling devices or parts or equipment for future litigation. Also considered ancillary or accessorial to the manufacturing, selling or leasing process or business shall be the use or operation of computers, computer servers, and similar electronic devices, hardware and software, and all gambling records, data or information owned, maintained or stored thereupon, or produced, generated, created, printed, transported or transmitted therefrom, whether paper, electronic or otherwise, in conjunction with legal gambling and in compliance with the laws of the United States. Ancillary or accessorial uses shall not include use of the gambling devices or records that would allow persons physically present in this state to place gambling bets. This subdivision (a)(5) shall not apply unless the manufacturer meets or exceeds federal government requirements pursuant to 15 U.S.C. § 1171 et seq., and any regulations promulgated pursuant to 15 U.S.C. § 1171 et seq., and provides the secretary of state with a copy of the request for registration pursuant to 15 U.S.C. § 1173, together with copies of each gambling license or permit issued by any regulatory authority, including but not limited to any state, country, federally recognized tribe or United States territory, and pays a ten-thousand-dollar fee prior to January 1 of that year. Additionally, the manufacturer shall provide the secretary of state with proof of annual registration under 15 U.S.C. § 1173 with the office of the United States attorney general within thirty (30) days of the receipt thereof.
(B) The fee imposed by subdivision (a)(5)(A) shall not apply to nonprofit corporations licensed by the department of mental health and substance abuse services and certified by the department of human services to provide vocational rehabilitation job training programs that otherwise qualify for the exemption under subdivision (a)(5)(A).
Harris County, Houston, Texas Illegal Gambling Attorney
Illegal Gambling Revised Penal Code
Illegal Gambling Penal Code
Engaging in Organized Crime Chapter 71 of the Texas Penal Code (embed this link http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.71.htm)
Chapter 71 of the Texas Penal Code provides a road map for criminal felony charges related to gambling. Investigators look for people working together profiting from Illegal Gambling. Law enforcement will take the Illegal Gambling statute (Chapter 47 of the Texas Penal Code imbed this link http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.47.htm) and use the Engaging in Organized Crime statute to create a felony charge. This increases exposure for those accused and creates leverage on the asset forfeiture end. Law enforcement will charge the targets with the felony crime while simultaneously seizing/freezing all assets associated with both the businesses and your personal accounts. Law enforcement has the ability to identify bank accounts with the individuals charged. These accounts include personal accounts and safety deposit boxes.
The law related to illegal gambling is evolving. There is not a clear understanding of the constitutionality of many of the statutes because they were rarely prosecuted. An individual should seek legal advice and proceed with caution before entering into a wager or gambling. It is imperative that you see guidance before exposing yourself or your business to a criminal investigation. Paul Doyle can provide legal advice to answer questions related to businesses and investigations. Make sure and call Paul Doyle before the investigation is too far down the road.
It is imperative that you call Paul Doyle before talking to an Online Gambling or gaming investigator, Paul Doyle can be reached at 281.654.7999.