 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Arizona |
|
USA Statutes : arizona
Title : Criminal Code
Chapter : GAMBLING
|
|
13-3301 Definitions
(Caution: 1998 Prop. 105 applies)
In this chapter, unless the context otherwise requires:
1. "Amusement gambling" means gambling involving a device, game or contest which
is played for entertainment if all of the following apply:
(a) The player or players actively participate in the game or contest or with the
device.
(b) The outcome is not in the control to any material degree of any person other
than the player or players.
(c) The prizes are not offered as a lure to separate the player or players from
their money.
(d) Any of the following:
(i) No benefit is given to the player or players other than an immediate and
unrecorded right to replay which is not exchangeable for value.
(ii) The gambling is an athletic event and no person other than the player or
players derives a profit or chance of a profit from the money paid to gamble by the
player or players.
(iii) The gambling is an intellectual contest or event, the money paid to gamble
is part of an established purchase price for a product, no increment has been added to
the price in connection with the gambling event and no drawing or lottery is held to
determine the winner or winners.
(iv) Skill and not chance is clearly the predominant factor in the game and the
odds of winning the game based upon chance cannot be altered, provided the game
complies with any licensing or regulatory requirements by the jurisdiction in which it
is operated, no benefit for a single win is given to the player or players other than a
merchandise prize which has a wholesale fair market value of less than four (4) dollars
or coupons which are redeemable only at the place of play and only for a merchandise
prize which has a fair market value of less than four (4) dollars and, regardless of
the number of wins, no aggregate of coupons may be redeemed for a merchandise prize
with a wholesale fair market value of greater than thirty-five (35) dollars.
2. "Conducted as a business" means gambling that is engaged in with the object of
gain, benefit or advantage, either direct or indirect, realized or unrealized, but not
when incidental to a bona fide social relationship.
3. "Crane game" means an amusement machine which is operated by player controlled
buttons, control sticks or other means, or a combination of the buttons or controls,
which is activated by coin insertion into the machine and where the player attempts to
successfully retrieve prizes with a mechanical or electromechanical claw or device by
positioning the claw or device over a prize.
4. "Gambling" or "gamble" means one act of risking or giving something of value
for the opportunity to obtain a benefit from a game or contest of chance or skill or a
future contingent event but does not include bona fide business transactions which are
valid under the law of contracts including contracts for the purchase or sale at a
future date of securities or commodities, contracts of indemnity or guarantee and life,
health or accident insurance.
5. "Player" means a natural person who participates in gambling.
6. "Regulated gambling" means either:
(a) Gambling conducted in accordance with a tribal-state gaming compact or
otherwise in accordance with the requirements of the Indian gaming regulatory act of
1988 (P.L. 100-497; 102 Stat. 2467; 25 United States Code sections 2701 through 2721
and 18 United States Code sections 1166 through 1168); or
(b) Gambling to which all of the following apply:
(i) It is operated and controlled in accordance with a statute, rule or order of
this state or of the United States.
(ii) All federal, state or local taxes, fees and charges in lieu of taxes have
been paid by the authorized person or entity on any activity arising out of or in
connection with the gambling.
(iii) If conducted by an organization which is exempt from taxation of income
under section 43-1201, the organization's records are open to public inspection.
(iv) Beginning on June 1, 2003, none of the players is under twenty-one years of
age.
7. "Social gambling" means gambling that is not conducted as a business and that
involves players who compete on equal terms with each other in a gamble if all of the
following apply:
(a) No player receives, or becomes entitled to receive, any benefit, directly or
indirectly, other than the player's winnings from the gamble.
(b) No other person receives or becomes entitled to receive any benefit, directly
or indirectly, from the gambling activity, including benefits of proprietorship,
management or unequal advantage or odds in a series of gambles.
(c) Until June 1, 2003, none of the players is below the age of majority.
Beginning on June 1, 2003, none of the players is under twenty-one years of age.
(d) Players "compete on equal terms with each other in a gamble" when no player
enjoys an advantage over any other player in the gamble under the conditions or rules
of the game or contest.
13-3302 Exclusions
A. The following conduct is not unlawful under this chapter:
1. Amusement gambling.
2. Social gambling.
3. Regulated gambling if the gambling is conducted in accordance with the statutes,
rules or orders governing the gambling.
4. Gambling that is conducted at state, county or district fairs and that complies
with section 13-3301, paragraph 1, subdivision (d).
B. An organization that has qualified for an exemption from taxation of income
under section 43-1201, paragraph 1, 2, 4, 5, 6, 7, 10 or 11 may conduct a raffle that is
subject to the following restrictions:
1. The nonprofit organization shall maintain this status and no member, director,
officer, employee or agent of the nonprofit organization may receive any direct or
indirect pecuniary benefit other than being able to participate in the raffle on a basis
equal to all other participants.
2. The nonprofit organization has been in existence continuously in this state for
a five year period immediately before conducting the raffle.
3. No person except a bona fide local member of the sponsoring organization may
participate directly or indirectly in the management, sales or operation of the raffle.
4. Nothing in paragraph 1 or 3 of this subsection prohibits a licensed general
hospital or a licensed special hospital that is exempt from taxation of income under
section 43-1201, paragraph 4 or section 501(c)(3) of the internal revenue code from
contracting with an outside agent who participates in the management, sales or operation
of the raffle if the proceeds of the raffle are used to fund medical research, graduate
medical education or indigent care, provided that the raffles are conducted no more than
three times per calendar year. The maximum fee for an outside agent shall not be greater
than fifteen per cent of the net proceeds of the raffle.
C. A state, county or local historical society designated by this state or a
county, city or town to conduct a raffle may conduct the raffle subject to the following
conditions:
1. No member, director, officer, employee or agent of the historical society may
receive any direct or indirect pecuniary benefit other than being able to participate in
the raffle on a basis equal to all other participants.
2. The historical society must have been in existence continuously in this state
for a five year period immediately before conducting the raffle.
3. No person except a bona fide local member of the sponsoring historical society
may participate directly or indirectly in the management, sales or operation of the
raffle.
13-3303 Promotion of gambling; classification
A. Except for amusement, regulated or social gambling, a person commits promotion
of gambling if he knowingly does either of the following for a benefit:
1. Conducts, organizes, manages, directs, supervises or finances gambling.
2. Furnishes advice or assistance for the conduct, organization, management,
direction, supervision or financing of gambling.
B. Promotion of gambling is a class 5 felony.
13-3304 Benefiting from gambling; classification
A. Except for amusement or regulated gambling, a person commits benefiting from
gambling if he knowingly obtains any benefit from gambling.
B. Benefiting from social gambling as a player is not unlawful under this section.
C. Benefiting from gambling is a class 1 misdemeanor.
13-3305 Betting and wagering; classification
A. Subject to the exceptions contained in section 5-112, no person may engage for a
fee, property, salary or reward in the business of accepting, recording or registering
any bet, purported bet, wager or purported wager or engage for a fee, property, salary or
reward in the business of selling wagering pools or purported wagering pools with respect
to the result or purported result of any race, sporting event, contest or other game of
skill or chance or any other unknown or contingent future event or occurrence whatsoever.
B. A person shall not directly or indirectly knowingly accept for a fee, property,
salary or reward anything of value from another to be transmitted or delivered for
wagering or betting on the results of a race, sporting event, contest or other game of
skill or chance or any other unknown or contingent future event or occurrence whatsoever
conducted within or without this state or anything of value as reimbursement for the
prior making of such a wager or bet on behalf of another person.
C. A person who violates this section is guilty of a class 6 felony.
13-3306 Possession of a gambling device; classification
A. A person commits possession of a gambling device if the person knowingly
possesses, distributes or transports any implement, machine, paraphernalia, equipment or
other thing that the person knows or has reason to know is used or intended to be used in
violation of this chapter.
B. A person commits possession of a bingo gambling device if the person knowingly
possesses any implement, machine, paraphernalia, equipment or other thing that the person
knows or has reason to know is used or intended to be used in violation of this chapter.
C. Possession of a bingo gambling device shall not be the basis for a violation of
section 13-3303, 13-3304 or 13-3307.
D. Possession of a bingo gambling device is a class 2 misdemeanor. Possession of
any other gambling device is a class 1 misdemeanor.
E. Nothing in this section prohibits:
1. The use of gambling devices by nonprofit or charitable organizations pursuant to
section 13-3302, subsection B.
2. Possession, distribution or transportation of gambling devices for purposes not
prohibited by this chapter. 13-3307 Possession of gambling records; classification
A. A person commits possession of gambling records if he knowingly possesses any
book, writing, paper, instrument, article, electronically-produced data, computer
software and programs, discs, tapes or other tangible or intangible method of recording
information knowing or having reason to know that it arises out of, or was made in
connection with, gambling in violation of this chapter.
B. Possession of gambling records is a class 1 misdemeanor.
13-3308 Presumption
In a prosecution under this chapter in which it is necessary to prove the occurrence
of any event that is the subject of gambling, a published report of its occurrence in a
daily newspaper, a magazine or any other periodically printed publication of general
circulation is admissible into evidence and, on admission, it is presumed that the event
occurred. This presumption may be rebutted. Either party may use additional evidence to
prove or disprove the occurrence of the event.
13-3309 Seizure; exception; definition
A. In addition to any other remedies provided by law, any monies used or intended
to be used in violation of this chapter may be seized by any peace officer on probable
cause that it is money used or intended to be used in violation of this chapter.
B. In addition to any other remedy provided by law, gambling records of gambling in
violation of this chapter may be seized by any peace officer on probable cause that they
are gambling records.
C. In addition to any other remedy provided by law, a gambling device may be seized
by any peace officer on probable cause that it is a gambling device being used or
intended to be used in violation of this title.
D. If a gambling device is an antique slot machine and is not used for gambling
purposes or in violation of the laws of this state, possession of the antique slot
machine is lawful and it shall not be confiscated or destroyed. If the gambling device
is confiscated and the owner shows that the gambling device is an antique slot machine
and it is not used for gambling purposes or in violation of the laws of this state, the
court acquiring jurisdiction shall order the antique slot machine returned to the person
from whom it was confiscated.
E. For purposes of this section, "antique slot machine" means a gambling device
which is manufactured for use as a slot machine and is at least twenty-five years old.
13-3310 Forfeiture
A. In addition to any other remedies provided by law, the following property shall
be forfeited pursuant to section 13-2314 or chapter 39 of this title:
1. All benefits derived from a violation of this chapter.
2. All unlawful gambling devices.
3. All things of value used or intended to be used to facilitate a violation of
this chapter.
B. A person that obtains property through a violation of this chapter is an
involuntary trustee. An involuntary trustee and any other person, except a bona fide
purchaser for value without notice of the unlawful conduct and who has not knowingly
taken part in an illegal transaction, holds the property, its proceeds and its fruits in
constructive trust for the benefit of persons entitled to remedies pursuant to section
13-2314 or chapter 39 of this title.
13-3311 Amusement gambling intellectual contests or events; registration; filing of rules; sworn statement; public inspection of records
A. Before any person conducts an amusement gambling intellectual contest or event
pursuant to section 13-3301, paragraph 1, subdivision (d), item (iii), such persons shall
register with the attorney general's office. The registration shall include:
1. The name and address of the person conducting the contest or event.
2. The minimum dollar amount of all prizes to be awarded.
3. The duration of the event.
4. The statutory agent or person authorized to accept service of process in ARIZONA
for the person conducting the contest or event.
5. All rules governing the contest or event, including the rules applicable in case
of a tie.
6. The name and description of the product and the established purchase price for
the product.
B. Within ten days following the award of all prizes in connection with an
amusement gambling intellectual contest or event, the person conducting the contest or
event shall file with the attorney general's office the names and addresses of all
persons who have won prizes in connection with the contest or event.
C. For each amusement gambling intellectual contest or event held, the person
conducting the event shall file with the attorney general's office a sworn statement
under oath that no increment has been added to the established purchase price for the
product in connection with the gambling event.
13-3312 Crane games; prohibited acts; classification
A. It is unlawful for a person to knowingly cause or commit the following actions:
1. Altering or maintaining a crane game so that the claw is physically unable to
grasp exposed prizes.
2. Displaying prizes in a crane game in a manner so that the claw is physically
incapable of grasping exposed prizes.
3. Misrepresenting the value of prizes in crane games.
4. Using cash or currency as prizes in crane games or awarding prizes in crane
games which are redeemable for cash or currency.
B. A person who violates this section is guilty of a class 1 misdemeanor.
|
|
|
|
