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”. Lottery tickets and other lottery-related things are not gambling-related items.
Possession Of A Gambling Device Sentence
A Class A misdemeanor is being in possession of a gambling gadget. As a result, if you are found guilty, you could receive a penalty that includes up to one year in jail, three years of probation, and a fine.
Defenses
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.
New York Penal Law § 225.30: Possession Of A Gambling Device
a. Possession of a gambling device constitutes a criminal offense when an individual, fully aware of its nature, engages in activities such as manufacturing, selling, transporting, placing, possessing, conducting transactions affecting ownership, custody, or usage of:
- A slot machine, unless allowed under article nine-A of the general municipal law.
- Any other gambling device while believing it will be utilized for unlawful gambling.
- Possession of a coin-operated gambling device with the intent to employ it for unlawful gambling.
b. Owning a slot machine is legal when it aligns with a gaming compact executed by the governor and an Indian tribe or Nation under the Indian Gaming Regulatory Act. Such ownership must comply with the compact’s terms, and the state must receive a negotiated percentage of the net drop.
c. Transportation and possession of a slot machine are lawful if necessary for training individuals in repairing and reconditioning machines used in casinos authorized by a tribal-state compact as per § eleven hundred seventy-two of title fifteen of the United States Code in New York.
Related Offenses
- Promoting gambling in the second degree: New York Penal Law § 225.05
- Promoting gambling in the first degree: New York Penal Law § 225.10
Hiring A New York Lawyer For Possession Of A Gambling Device Case
When facing a possession of a gambling device case in New York, hiring a skilled lawyer is paramount. New York’s gambling laws are stringent, and a conviction can result in severe penalties, including fines and jail time. A competent attorney with expertise in gambling-related offenses will navigate the complex legal landscape, crafting a robust defense strategy.
A New York lawyer will assess the evidence, challenge legality issues, and negotiate with prosecutors to potentially reduce charges or penalties. They will protect your rights and provide invaluable guidance throughout the legal process, ensuring the best possible outcome. Don’t take chances with your future; consult a New York lawyer today to secure the defense you need.
