NY Penal Law § 225.30: Possession Of A Gambling Device

by ECL Writer
Promoting Gambling In The First Degree

Gambling has been a part of human culture for centuries, and it continues to be a popular pastime for many people. However, gambling is heavily regulated in most jurisdictions, including the state of New York. In an effort to curb illegal gambling activities, the New York State Legislature enacted NY Penal Law § 225.30, which criminalizes the possession of a gambling device. This law is part of a broader effort to regulate and control gambling activities in the state, and it carries serious penalties for those who are found guilty of violating it. In this article, Eastcoastlaws.com will explore NY Penal Law § 225.30 in detail, including what it covers, the penalties for violating it, and the possible defenses that a person charged with this crime can raise. Whether you are a gambler, a business owner, or simply interested in understanding the intricacies of New York gambling law, this article will provide you with valuable insights and information.

Gambling is strictly prohibited in New York. The ownership of equipment that can be used to engage in illegal gambling is prohibited by one rule. Devices with random number generators, including video poker machines, roulette wheels, and slot machines, are examples of this type. If you create, own, possess, transport, or sell a slot machine, another gambling device, or a coin-operated device meant to promote illegal gambling, you may be charged with possession of a gambling device under New York Penal Law 225.30.

Any item utilized during the playing phases of any gambling activity is referred to as a “gambling device”. Tickets for the lottery and other lottery-related things are not gambling-related items.

New York Penal Law § 225.30: Possession Of A Gambling Device

  • With knowledge of the nature of the gambling device, a person who produces, sells, transports, places, or has, conducts, or negotiates any transaction affecting or intended to influence ownership, custody, or use of:
    • A slot machine, unless such possession is permitted pursuant to article nine-A of the general municipal law; or
    • Any other gambling device, believing that the same is to be used in the advancement of unlawful gambling activity; or
    • A coin-operated gambling device with intent to use such device in the advancement of unlawful gambling activity.
  • When a slot machine is used in accordance with a gaming compact duly executed by the governor and an Indian tribe or Nation under the Indian Gaming Regulatory Act, as codified at 25 U.S.C. S. 2701-2721 and 18 U.S.C. S. 1166-1168, when that use is compliant with that gaming compact, and when the state receives a negotiated portion of the net drop (defined as gross money wagered after payouts), the possession of a slot machine is
  • When necessary to facilitate the training of individuals in the repair and reconditioning of such machines that are used or are to be used for operations in those casinos authorized pursuant to a tribal-state compact as provided for pursuant to Section 1177.02 of Title 15 of the United States Code in the state of New York, transportation and possession of a slot machine shall not be unlawful.

Penalties To Possession Of A Gambling Device In New York

Under NY Penal Law § 225.30, a person is guilty of this crime if they knowingly possess any gambling device with the intent to use it in the advancement of unlawful gambling activity. A gambling device is defined as any device, machine, or instrument that is used or intended to be used in a game of chance.

The penalties for possession of a gambling device in New York depend on the specific circumstances of the case. In general, this offense is classified as a misdemeanor, which carries a maximum penalty of up to one year in jail and/or a fine of up to $1,000. However, if the gambling device in question is a slot machine or similar device, the offense is classified as a felony, which carries a maximum penalty of up to four years in prison and/or a fine of up to $5,000.

It is important to note that these penalties are just the maximums, and the actual penalties imposed can vary based on factors such as the defendant’s criminal history, the severity of the offense, and the discretion of the judge presiding over the case. In addition to jail time and fines, a person convicted of possession of a gambling device may also be required to forfeit any gambling devices in their possession and pay restitution to any victims of the illegal gambling activity.

Defenses To Possession Of A Gambling Device In New York

If you have a piece of equipment that lets you play a game of chance without providing you with anything of value in return, you are not guilty of possessing a gambling device. For instance, the defendant in People v. Jun Feng, 946 N.Y.S.2d 68 (N.Y. Crim. Ct., 2012), had two video poker machines on his property. The machines took dollars as payment. However, there was no proof that the machine gave the gamer anything of value in return. As a result, it was determined that the defendant’s possession of the video poker games did not constitute possession of gambling equipment.

Hiring A New York Lawyer For Possession Of A Gambling Device Case

It is still illegal to possess a gambling gadget, even though it is only a misdemeanor and not a felony. If you are found guilty, you might go to prison. To ensure that your rights are upheld, it is crucial that you have an experienced representative.

If you are facing charges for possession of a gambling device in New York, it is important to seek the assistance of a qualified lawyer who is experienced in criminal defense.

To find a lawyer, you may start by searching for attorneys who specialize in criminal defense in New York. You can also ask for referrals from friends, family members, or other attorneys you may know.

Once you have identified potential lawyers, you should schedule consultations to discuss your case and determine whether the attorney is a good fit for you. During these consultations, you should ask about the attorney’s experience in handling cases similar to yours, their success rate in defending against these types of charges, and their fees.

When choosing a lawyer, it is important to find someone who is knowledgeable about New York gambling laws and has experience defending against charges of possession of a gambling device. A good lawyer should also be able to provide you with a clear understanding of the charges you are facing and what your legal options are.

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