Promoting Gambling and other Illegal Gambling in New York
If you have been accused of promoting gambling in the first or second degree, codified in New York Penal Law 225.10 and 225.15, or any other gambling offense, call our experienced New York Gambling attorneys today for a free consultation. Promoting gambling is the central crime of New York Penal Law 225.00 et seq, the section of New York laws that criminalize gambling. Promoting gambling is either a Class A misdemeanor with a maximum penalty of 1 year in prison and 3 years probation or a Class E felony with a maximum penalty of 4 years in prison and 5 years probation. The crime is committed when a person "knowingly advances or profits from unlawful gambling activity." A person commits promoting gambling in the first degree if they take 5 bets for the value of $5000.00. The statute identifies many different types of gambling activity. Some of the different kinds of criminalized activities are: acquiring paraphernalia for gambling, soliciting people to participate in gambling, or participating in any phase of a gambling operation. Participating means that the defendant has to do more than merely being in the gambling establishment.
As per the New York Constitution, all gambling activities are illegal except for those permitted by law. These include small games of dice on the corner, shell games in Times Square, and poker in the basement with friends.
A person advances gambling activity when, he behaves in a manner that materially advances gambling games. This includes allowing gambling to occur on one’s property or renting property to someone that means to use it as an underground casino. Picking up slips from a numbers location constitutes unlawful gambling activity as well. A person profits from gambling activity when, other than as a player, he "participates" in the proceeds of gambling activity pursuant to an agreement with another. The New York Constitution prohibits gambling, with the exception of State-run lotteries, betting on horse races, the establishment of up to seven casinos, certain bingo and lottery games to raise funds for charitable, religious, or not-for-profit organizations.
Criminalized conduct by New York’s gambling laws includes: Promoting gambling (such as bookmaking or running a lottery), Possessing gambling records (such as lotteries, bookmaking information or easily destructible forms of paper relating to gambling), Possessing a gambling device (such as slot machines or other gambling devices), Gaming fraud (including defrauding a casino or any other type of fraud in relation to a bet or wager), Using counterfeit or unlawful gaming instruments, Using or possessing unlawful gaming property (such as false or fraudulent gaming materials), manipulating gaming outcomes, and the manufacturing, selling or modifying of any equipment or devices in violation of gambling laws.
There also are several Indian casinos in New York that are regulated under the Indian Gaming Regulatory Act. These casinos are not regulated by New York law, instead they are regulated by federal law and therefore they are exempt from the strict regulation of the New York Constitution.
According to New York law gambling occurs when a person wagers something of value on a contest or game of chance or some other thing outside of their control, and that a sum will be paid or something of value returned based upon a particular outcome set by the wager. This definition is broad. It includes everything from fantasy sports, cockfighting, dice, car racing for titles, and betting on sports. New York has no specific prohibitions on internet or land based gambling, however, the law applies to New Yonkers all the same within the jurisdiction of the state.
Call our experienced New York gambling attorneys today for a free consultation if you are facing criminal charges related to promoting gambling. We may be able to help you reduce your gambling charges or get them dismissed.