USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 39. UNLAWFUL GAMBLING
Title 17-A - §953. Aggravated unlawful gambling
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§953. Aggravated unlawful gambling
1. A person is guilty of aggravated unlawful gambling if he intentionally or knowingly advances or profits from unlawful gambling
activity by:
A. Engaging in bookmaking to the extent that the person receives or accepts in any 24-hour period more than 5 bets totaling
more than $500; or
[1995, c. 224, §9 (amd).]
B. Receiving in connection with a lottery or mutuel scheme or enterprise, money or written records from a person other than
a player whose chances or plays are represented by such money or records; or
[1975, c. 499, § 1 (new).]
C. Receiving in connection with a lottery, mutuel or other gambling scheme or enterprise more than $1,000 in any 24-hour period
played in the scheme or enterprise.
[1995, c. 224, §10 (amd).]
[1995, c. 224, §§9, 10 (amd).]
2. Aggravated gambling is a Class B crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§94
(AMD).
PL 1977,
Ch. 55,
§
(AMD).
PL 1995,
Ch. 224,
§9,10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §954. Unlawful gambling
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§954. Unlawful gambling
1. Any person is guilty of unlawful gambling if he intentionally or knowingly advances or profits from unlawful gambling activity.
[1975, c. 740, § 95 (amd).]
2. Unlawful gambling is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§95
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §955. Possession of gambling records
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§955. Possession of gambling records
1. A person is guilty of possession of gambling records if, other than as a player, he knowingly possesses any writing, paper,
instrument or article, which is being used or is intended by him to be used in the operation of unlawful gambling activity,
as defined in this chapter.
[1975, c. 499, § 1 (new).]
2. Possession of gambling records is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §956. Possession of gambling devices
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§956. Possession of gambling devices
1. A person is guilty of possession of gambling devices if he manufactures, sells, transports, places, possesses or conducts
or negotiates any transaction affecting or designed to affect ownership, custody or use of any gambling device, knowing it
is to be used in the advancement of unlawful gambling activity, as defined in this chapter.
[1975, c. 499, § 1 (new).]
2. Possession of gambling devices is a Class D crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §957. Out-of-state gambling
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§957. Out-of-state gambling
In any prosecution under this chapter it is not a defense that the gambling activity, including the drawing of a lottery,
which is involved in the illegal conduct takes place outside this State and is not in violation of the laws of the jurisdiction
in which the lottery or other activity takes place.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §958. Injunctions; recovery of payments
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§958. Injunctions; recovery of payments
1. When it appears to the Attorney General that any person has formed or published a lottery, or taken any measures for that
purpose, or is engaged in selling or otherwise distributing tickets, certificates, shares or interests therein, whether such
lottery originated in this State or not, he shall immediately make complaint in the name of the State to the Superior Court
for an injunction to restrain such person from further proceedings therein. If satisfied that there is sufficient ground therefor,
such court shall forthwith issue such injunction and thereupon it shall order notice to be served on the adverse party to
appear and answer to said complaint. Such court, after a full hearing, may dissolve, modify or make perpetual such injunction,
make all orders and decrees necessary to restrain and suppress such unlawful proceedings and, if the adverse party neglects
to appear, or the final decree of the court is against him, judgment shall be rendered against him for all costs, fees and
expenses incurred in the case and for such compensation to the Attorney General for his expenses, as the court deems reasonable.
[1975, c. 499, § 1 (new).]
2. Payments, compensations and securities of every description, made directly or indirectly in whole or in part, for any such
lottery or ticket, certificate, share or interest therein, are received without consideration and against law and equity,
and may be recovered.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §959. Illegal gambling machines; forfeiture
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§959. Illegal gambling machines; forfeiture
1. An illegal gambling machine, including any monetary contents and any associated proceeds, is subject to forfeiture to the
State.
[2003, c. 687, Pt. A, §8 (amd); Pt. B, §11 (aff).]
2. An illegal gambling machine, any monetary contents and any associated proceeds may be declared forfeited under this section
by any court that has jurisdiction over the illegal gambling machine or final jurisdiction over any related criminal proceeding
brought under this chapter or by the Superior Court for Kennebec County. Property subject to forfeiture may be kept or stored
at any location within the territorial boundaries of the State and is subject to the authority of any court in which a petition
seeking the forfeiture of that property is filed.
[2003, c. 687, Pt. A, §8 (amd); Pt. B, §11 (aff).]
3. Forfeitures under this section must be accomplished by the following procedure.
A. A district attorney or the Attorney General may petition the Superior Court in the name of the State in the nature of a
proceeding in rem to order forfeiture of an illegal gambling machine, any monetary contents and any associated proceeds.
The petition must be filed in the court having jurisdiction over the property.
[2005, c. 207, §2 (amd).]
B. The proceeding under paragraph A is an in rem civil action, in which the State has the burden of proving all material facts
by a preponderance of the evidence.
[2001, c. 461, §2 (new).]
C. A court shall order the State to give notice of the pendency of the action and the right to be heard by certified or registered
mail or through hand delivery by a deputy sheriff to any person who appears to have an interest in the illegal gambling machine,
any monetary contents and any associated proceeds. Receipt by a person then licensed to operate a motor vehicle in the State
is presumed when notice is mailed to the last known address of that person on file with the Department of the Secretary of
State, Bureau of Motor Vehicles.
[2005, c. 207, §2 (amd).]
D. A court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition after an answer is filed
by a person served with notice under paragraph C. At the hearing, the court shall hear evidence and make findings of fact
and enter conclusions of law.
[2001, c. 461, §2 (new).]
E. Based on the findings and conclusions, the court shall issue a final order, from which the parties have a right of appeal.
The final order must provide for disposition of the illegal gambling machine, any monetary contents and any associated proceeds
by the State. Any revenue generated by the disposition of the illegal gambling machine, any monetary contents of the machine
and any associated proceeds must be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage,
maintenance of custody, advertising and notice. The balance, if any, must be deposited in the General Fund.
[2005, c. 207, §2 (amd).]
[2005, c. 207, §2 (amd).]
4. Any law enforcement officer, department or agency having custody of an illegal gambling machine, any monetary contents of
an illegal gambling machine or any associated proceeds or having disposed of the illegal gambling machine, any monetary contents
or any associated proceeds shall keep and maintain during the pendency of the action full and complete records in accordance
with this subsection. Upon issuance by the court of a final order ordering the disposition, destruction or return of the
illegal gambling machine, any monetary contents or any associated proceeds, the officer, department or agency must transmit
a copy of those records to the Department of Public Safety for inclusion into a centralized record.
A. The records must show:
(1) From whom the illegal gambling machine, any monetary contents and any associated proceeds were received;
(2) Under what authority the illegal gambling machine, any monetary contents and any associated proceeds are held, received
or disposed of;
(3) To whom the illegal gambling machine, any monetary contents and any associated proceeds are delivered;
(4) The date and manner of destruction or disposition of the illegal gambling machine; and
(5) The exact kinds, quantities and forms of illegal gambling machines, the exact amount of any monetary contents of any
machine and the exact amount of any associated proceeds held in custody or disposed of.
[2005, c. 207, §2 (amd).]
B. The records must be open to inspections by all federal and state officers authorized by the laws of the United States, a
state or territory of the United States or a foreign nation to investigate or prosecute gambling laws.
[2001, c. 461, §2 (new).]
C. The Department of Public Safety is responsible for maintaining a centralized record of illegal gambling machines seized.
At least quarterly, the department shall provide a report of the disposition of property previously held by the department
to the Commissioner of Administrative and Financial Services and the legislative Office of Fiscal and Program Review for review.
These records must include an estimate of the fair market value of items seized.
[2001, c. 461, §2 (new).]
[2005, c. 207, §2 (amd).]
5. Persons making final disposition or destruction of an illegal gambling machine, its monetary contents or any associated
proceeds under court order shall report, under oath, to the court the exact circumstances of the destruction or disposition.
[2005, c. 207, §2 (amd).]
6. An illegal gambling machine together with any monetary contents and any associated proceeds is contraband and may be seized
by any law enforcement officer pursuant to subsection 7 or 8.
[2005, c. 207, §2 (amd).]
7. At the request of the State ex parte, a court may issue any preliminary order or process necessary to seize or secure the
property for which forfeiture is sought and provide for its custody.
A. Process for seizure of the property for which forfeiture is sought under this section may issue only upon a showing of probable
cause. The application for process for seizure of the property and the issuance, execution and return of the process are
subject to the provisions of applicable state law.
[2001, c. 461, §2 (new).]
B. Any property subject to forfeiture under this section may be seized upon process.
[2001, c. 461, §2 (new).]
[2001, c. 461, §2 (new).]
8. Seizure of property forfeited under this section without process may be made when seizure is incident to a legal search
or inspection if a law enforcement officer has probable cause to believe the property seized is an illegal gambling machine.
[2001, c. 461, §2 (new).]
Section History:
PL 2001,
Ch. 461,
§2
(NEW).
PL 2003,
Ch. 687,
§A8
(AMD).
PL 2003,
Ch. 687,
§B11
(AFF).
PL 2005,
Ch. 207,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §960. Criminal forfeiture
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§960. Criminal forfeiture
1. A person convicted of a violation of this chapter forfeits to the State all rights, privileges, interests and claims to
property that is subject to forfeiture pursuant to section 959. All rights, privileges, interest and title in property subject
to forfeiture under this section vest in the State upon the commission of the act giving rise to forfeiture pursuant to section
959.
[2001, c. 461, §2 (new).]
2. Property subject to forfeiture that is not yet the subject of a final order pursuant to section 959 may be proceeded against
by indictment or superseding indictment of a grand jury in any related criminal proceeding in which one or more persons with
an interest in the property have been simultaneously indicted for one or more violations of this chapter. At any time prior
to trial, the State, with the consent of the court and any defendant with an interest in the property, may file an ancillary
charging instrument or information alleging that that property is subject to criminal forfeiture. Upon commencement of a
criminal forfeiture by indictment or information of any property that may be the subject of any pending civil action commenced
pursuant to section 959, the civil action must be immediately stayed and subrogated to the criminal forfeiture action. Discovery
in the criminal action must be as provided by the Maine Rules of Criminal Procedure.
[2001, c. 461, §2 (new).]
3. Property subject to forfeiture that has not already been seized but has been indicted by a grand jury pursuant to this section
may also be ordered seized based upon the grand jury's finding of probable cause pursuant to section 959.
[2001, c. 461, §2 (new).]
4. Trial against property charged by indictment or information may be by jury and must be held in a single proceeding together
with the trial of the related criminal violation. Forfeiture of the property must be proved by the State by a preponderance
of the evidence. The court, in its discretion, may allow any defendant with an interest in property indicted pursuant to
this section to waive the right to trial by jury as against the property while preserving the right to trial by jury of any
crime alleged. At trial by jury, the court, upon motion of a defendant or the State, may separate the trial of the matter
against the defendant from the trial of the matter against the property subject to criminal forfeiture. If the court bifurcates
the jury trial, the court shall first instruct and submit to the jury the issue of the guilt or innocence of defendants to
be determined by proof beyond a reasonable doubt and shall restrict argument of counsel to those issues. After a verdict
upon the guilt or innocence of all defendants, the court shall instruct and submit to the jury the issue of the forfeiture
of the property to be determined by proof by a preponderance of the evidence and the court shall restrict argument to those
issues. A special verdict must be returned as to the extent of the interest in property subject to forfeiture, if any.
[2001, c. 461, §2 (new).]
5. A person not charged in an indictment under this section may not intervene in the criminal action. Following the entry
of a verdict of forfeiture of property pursuant to this section or the entry of a guilty plea in open court on the record,
the State shall provide written notice of its intent to dispose of the property to any person known to have alleged an interest
in the property. The notice may be by certified, return receipt mail or as otherwise ordered by the court. Receipt by a
person then licensed to operate a motor vehicle in the State is presumed when notice is mailed to the last known address of
that person on file with the Department of the Secretary of State, Bureau of Motor Vehicles. A person other than the defendant
asserting a legal interest in the property within 30 days of the date of receipt of the notice may petition the court for
a hearing to adjudicate the validity of any alleged interest in the property. The hearing must be held before the court without
jury. The request for the hearing must be signed by the petitioner under penalty of perjury and must state the nature and
extent of the petitioner's right, title or interest in the property, the time and circumstances of the petitioner's acquisition
of the right, title or interest in the property, any additional facts supporting the petitioner's claim and the relief sought.
Upon the filing of any petition for hearing, the court shall schedule the hearing as soon as practicable, but in no event
later than 6 months after the petition is filed or after the sentencing of any defendant convicted upon the same indictment.
The court shall issue or amend a final order of forfeiture in accordance with its determination if, after the hearing, the
court determines that the petitioner has established by a preponderance of the evidence that:
A. The petitioner has a legal right, title or interest in the property and the right, title or interest renders the order of
forfeiture invalid in whole or in part because the right, title or interest was vested in the petitioner rather than any defendant
or was superior to any right, title or interest to the exclusion of any defendant at the time of the commission of the acts
that gave rise to the forfeiture of the property under this section; and
[2001, c. 461, §2 (new).]
B. The petitioner is a bona fide purchaser for value of the right, title or interest in the property and was at the time of
purchase reasonably without cause to believe that the property was subject to forfeiture under this section.
[2001, c. 461, §2 (new).]
[2001, c. 461, §2 (new).]
6. Following the entry of a verdict of forfeiture of property pursuant to this section or the entry of a guilty plea in open
court on the record, the State has clear title to property that is the subject of the indictment or information and order
of forfeiture and may order all or a portion of the property forfeited to the State to be disposed of pursuant to section
959.
[2001, c. 461, §2 (new).]
Section History:
PL 2001,
Ch. 461,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §961. Construction
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 39: UNLAWFUL GAMBLING
§961. Construction
Sections 959 and 960 must be liberally construed to effectuate their remedial purposes.
[2001, c. 461, §2 (new).]
Section History:
PL 2001,
Ch. 461,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 
