§ 225.00 Gambling offenses; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Contest of chance" means any contest, game, gaming scheme or\ngaming device in which the outcome depends in a material degree upon an\nelement of chance, notwithstanding that skill of the contestants may\nalso be a factor therein.\n 2. "Gambling." A person engages in gambling when he stakes or risks\nsomething of value upon the outcome of a contest of chance or a future\ncontingent event not under his control or influence, upon an agreement\nor understanding that he will receive something of value in the event of\na certain outcome.\n 3. "Player" means a person who engages in any form of gambling solely\nas a contestant or bettor, without receiving or becoming entitled to\nreceive any profit therefrom other than personal gambling winnings, and\nwithout otherwise rendering any material assistance to the\nestablishment, conduct or operation of the particular gambling activity.\nA person who gambles at a social game of chance on equal terms with the\nother participants therein does not otherwise render material assistance\nto the establishment, conduct or operation thereof by performing,\nwithout fee or remuneration, acts directed toward the arrangement or\nfacilitation of the game, such as inviting persons to play, permitting\nthe use of premises therefor and supplying cards or other equipment used\ntherein. A person who engages in "bookmaking", as defined in this\nsection is not a "player."\n 4. "Advance gambling activity." A person "advances gambling activity"\nwhen, acting other than as a player, he engages in conduct which\nmaterially aids any form of gambling activity. Such conduct includes but\nis not limited to conduct directed toward the creation or establishment\nof the particular game, contest, scheme, device or activity involved,\ntoward the acquisition or maintenance of premises, paraphernalia,\nequipment or apparatus therefor, toward the solicitation or inducement\nof persons to participate therein, toward the actual conduct of the\nplaying phases thereof, toward the arrangement of any of its financial\nor recording phases, or toward any other phase of its operation. One\nadvances gambling activity when, having substantial proprietary or other\nauthoritative control over premises being used with his knowledge for\npurposes of gambling activity, he permits such to occur or continue or\nmakes no effort to prevent its occurrence or continuation.\n 5. "Profit from gambling activity." A person "profits from gambling\nactivity" when, other than as a player, he accepts or receives money or\nother property pursuant to an agreement or understanding with any person\nwhereby he participates or is to participate in the proceeds of gambling\nactivity.\n 6. "Something of value" means any money or property, any token, object\nor article exchangeable for money or property, or any form of credit or\npromise directly or indirectly contemplating transfer of money or\nproperty or of any interest therein, or involving extension of a\nservice, entertainment or a privilege of playing at a game or scheme\nwithout charge.\n 7. "Gambling device" means any device, machine, paraphernalia or\nequipment which is used or usable in the playing phases of any gambling\nactivity, whether such activity consists of gambling between persons or\ngambling by a person involving the playing of a machine. Notwithstanding\nthe foregoing, lottery tickets, policy slips and other items used in the\nplaying phases of lottery and policy schemes are not gambling devices.\n 7-a. A "coin operated gambling device" means a gambling device which\noperates as a result of the insertion of something of value. A device\ndesigned, constructed or readily adaptable or convertible for such use\nis a coin operated gambling device notwithstanding the fact that it may\nrequire adjustment, manipulation or repair in order to operate as such.\nA machine which a
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.