39-17-502 - Gambling Defenses.

39-17-502. Gambling Defenses.

(a)  A person commits an offense who knowingly engages in gambling.

(b)  It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that a person reasonably and in good faith relied upon the representations of a gambling promoter that a gambling activity was lawful because it was an authorized annual event pursuant to title 3, chapter 17. It is not an affirmative defense to prosecution under this section that a person engaged in a gambling activity that was not an authorized type of lottery game pursuant to title 3, chapter 17.

(c)  The offense of gambling is a Class C misdemeanor.

[Acts 1989, ch. 591, § 1; 2004, ch. 476, § 3.]