12.1-28 Gambling and Related Offenses
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<![CDATA[CHAPTER 12.1-28GAMBLING AND RELATED OFFENSES12.1-28-01. Gambling - Definitions. As used in this chapter:1."Gambling" means risking any money, credit, deposit, or other thing of value for<br>gain, contingent, wholly or partially, upon lot, chance, the operation of gambling<br>apparatus, or the happening or outcome of an event, including an election or<br>sporting event, over which the person taking the risk has no control. Gambling does<br>not include:a.Lawful contests of skill, speed, strength, or endurance in which awards are<br>made only to entrants or to the owners of entries;b.Lawful business transactions, or other acts or transactions now or hereafter<br>expressly authorized by law; orc.Use of gaming equipment and devices that may not otherwise be lawful in the<br>state when the equipment or devices are used by any institution under the<br>control of the state board of higher education which awards degrees of<br>bachelor's or higher for the purpose of conducting scientific research in a<br>controlled environment on the campus of that institution.2."Gambling apparatus" means any device, machine, paraphernalia, or equipment<br>that is used or usable in the playing phases of any gambling activity, whether that<br>activity consists of gambling between persons, or gambling by a person involving the<br>playing of a machine. Gambling apparatus does not include an amusement game<br>or device as defined in section 53-04-01.3."Gambling house" means any location or structure, stationary or movable, wherein<br>gambling is permitted or promoted, or where a lottery is conducted or managed. In<br>the application of this definition, any place where gambling apparatus is found is<br>presumed to be a gambling house, provided that this presumption shall not apply<br>where cards, dice, or other games are found in a private residence.4."Lottery" means any plan for the distribution of a thing of value, whether tangible or<br>intangible, to a person or persons selected by chance from among participants,<br>some or all of whom have given a consideration for the chance of being selected.12.1-28-02. Gambling - Related offenses - Classification of offenses. Except aspermitted by law:1.It is an infraction to engage in gambling on private premises where the total amount<br>wagered by an individual player exceeds twenty-five dollars per individual hand,<br>game, or event.2.It is a class A misdemeanor to:a.Sell, purchase, receive, or transfer a chance to participate in a lottery, whether<br>the lottery is drawn in state or out of state, and whether the lottery is lawful in<br>the other state or country;b.Disseminate information about a lottery with intent to encourage participation in<br>it, except that a legal lottery may be advertised in North Dakota; orc.Engage in gambling on private premises where the total amount wagered by an<br>individual player exceeds five hundred dollars per individual hand, game, or<br>event.Page No. 13.A person is guilty of a class C felony if that person engages or participates in the<br>business of gambling. Without limitation, a person is deemed to be engaged in the<br>business of gambling if that person:a.Conducts a wagering pool or lottery;b.Receives wagers for or on behalf of another person;c.Alone or with others, owns, controls, manages, or finances a gambling<br>business;d.Knowingly leases or otherwise permits a place to be regularly used to carry on<br>a gambling business or maintain a gambling house;e.Maintains for use on any place or premises occupied by that person a<br>coin-operated gaming device; orf.Is a public servant who shares in the proceeds of a gambling business whether<br>by way of a bribe or otherwise.4.a.As used in subsection 3 but with the exceptions provided by subdivision b of<br>this subsection, the term "coin-operated gaming device" means any machine<br>that is:(1)A so-called "slot" machine that operates by means of the insertion of a<br>coin, token, or similar object and which, by application of the element of<br>chance, may deliver, or entitle the person playing or operating the<br>machine to receive cash, premiums, merchandise, or tokens; or(2)A machine that is similar to machines described in paragraph 1 and is<br>operated without the insertion of a coin, token, or similar object.b.The term "coin-operated gaming device" does not include a bona fide vending<br>or amusement machine in which gambling features are not incorporated as<br>defined in section 53-04-01, or an antique "slot" machine twenty-five years old<br>or older that is collected and possessed by a person as a hobby and is not<br>maintained for the business of gambling.c.A law enforcement officer may seize any device described in subdivision a<br>upon probable cause to believe that the device was used or is intended to be<br>used in violation of this chapter or chapter 53-06.1. The court shall order the<br>device forfeited in the same manner and according to the same procedure as<br>provided under chapter 29-31.1.Page No. 2Document Outlinechapter 12.1-28 gambling and related offenses]]>