North Dakota Code § 12.1-28-01

Gambling - Definitions
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As used in this chapter:
1. "Gambling" means risking any money, credit, deposit, or other thing of value for gain, 
contingent, wholly or partially, upon lot, chance, the operation of gambling apparatus, 
or the happening or outcome of an event, including an election or sporting event, over 
which the person taking the risk has no control. Gambling does not include:
a. Lawful contests of skill, speed, strength, or endurance in which awards are made 
only to entrants or to the owners of entries; 
b. Lawful business transactions, or other acts or transactions now or hereafter 
expressly authorized by law; or
c. Use of gaming equipment and devices that may not otherwise be lawful in the 
state when the equipment or devices are used by any institution under the control 
of the state board of higher education which awards degrees of bachelor's or 
higher for the purpose of conducting scientific research in a controlled 
environment on the campus of that institution.
2. "Gambling apparatus" means any device, machine, paraphernalia, or equipment that 
is used or usable in the playing phases of any gambling activity, whether that activity 
consists of gambling between persons, or gambling by a person involving the playing 
of a machine. Gambling apparatus does not include an amusement game or device as 
defined in section 53-04-01.
3. "Gambling house" means any location or structure, stationary or movable, wherein 
gambling is permitted or promoted, or where a lottery is conducted or managed. In the 
application of this definition, any place where gambling apparatus is found is 
presumed to be a gambling house, provided that this presumption shall not apply 
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 
intangible, to a person or persons selected by chance from among participants, some 
or all of whom have given a consideration for the chance of being selected.

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