§ 225.00 Gambling offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Contest of chance" means any contest, game, gaming scheme or
gaming device in which the outcome depends in a material degree upon an
element of chance, notwithstanding that skill of the contestants may
also be a factor therein.
2. "Gambling." A person engages in gambling when he stakes or risks
something of value upon the outcome of a contest of chance or a future
contingent event not under his control or influence, upon an agreement
or understanding that he will receive something of value in the event of
a certain outcome.
3. "Player" means a person who engages in any form of gambling solely
as a contestant or bettor, without receiving or becoming entitled to
receive any profit therefrom other than personal gambling winnings, and
without otherwise rendering any material assistance to the
establishment, conduct or operation of the particular gambling activity.
A person who gambles at a social game of chance on equal terms with the
other participants therein does not otherwise render material assistance
to the establishment, conduct or operation thereof by performing,
without fee or remuneration, acts directed toward the arrangement or
facilitation of the game, such as inviting persons to play, permitting
the use of premises therefor and supplying cards or other equipment used
therein. A person who engages in "bookmaking", as defined in this
section is not a "player."
4. "Advance gambling activity." A person "advances gambling
activity" when, acting other than as a player, he engages in conduct
which materially aids any form of gambling activity. Such conduct
includes but is not limited to conduct directed toward the creation or
establishment of the particular game, contest, scheme, device or
activity involved, toward the acquisition or maintenance of premises,
paraphernalia, equipment or apparatus therefor, toward the solicitation
or inducement of persons to participate therein, toward the actual
conduct of the playing phases thereof, toward the arrangement of any of
its financial or recording phases, or toward any other phase of its
operation. One advances gambling activity when, having substantial
proprietary or other authoritative control over premises being used with
his knowledge for purposes of gambling activity, he permits such to
occur or continue or makes no effort to prevent its occurrence or
continuation.
5. "Profit from gambling activity." A person "profits from gambling
activity" when, other than as a player, he accepts or receives money or
other property pursuant to an agreement or understanding with any person
whereby he participates or is to participate in the proceeds of gambling
activity.
6. "Something of value" means any money or property, any token,
object or article exchangeable for money or property, or any form of
credit or promise directly or indirectly contemplating transfer of money
or property or of any interest therein, or involving extension of a
service, entertainment or a privilege of playing at a game or scheme
without charge.
7. "Gambling device" means any device, machine, paraphernalia or
equipment which is used or usable in the playing phases of any gambling
activity, whether such activity consists of gambling between persons or
gambling by a person involving the playing of a machine.
Notwithstanding the foregoing, lottery tickets, policy slips and other
items used in the playing phases of lottery and policy schemes are not
gambling devices.
7-a. A "coin operated gambling device" means a gambling device which
operates as a result of the insertion of something of value. A device
designed, constructed or readily adaptable or convertible for such use
is a coin operated gambling device notwithstanding the fact that it may
require adjustment, manipulation or repair in order to operate as such.
A machine which awards free or extended play is not a gambling device
merely because such free or extended play may constitute something of
value provided that the outcome depends upon the skill of the player and
not in a material degree upon an element of chance.
8. "Slot machine" means a gambling device which, as a result of the
insertion of a coin or other object, operates, either completely auto-
matically or with the aid of some physical act by the player, in such
manner that, depending upon elements of chance, it may eject something
of value. A device so constructed, or readily adaptable or convertible
to such use, is no less a slot machine because it is not in working
order or because some mechanical act of manipulation or repair is
required to accomplish its adaptation, conversion or workability. Nor is
it any less a slot machine because, apart from its use or adaptability
as such, it may also sell or deliver something of value on a basis other
than chance. A machine which sells items of merchandise which are of
equivalent value, is not a slot machine merely because such items differ
from each other in composition, size, shape or color.
9. "Bookmaking" means advancing gambling activity by unlawfully
accepting bets from members of the public as a business, rather than in
a casual or personal fashion, upon the outcomes of future contingent
events.
10. "Lottery" means an unlawful gambling scheme in which (a) the
players pay or agree to pay something of value for chances, represented
and differentiated by numbers or by combinations of numbers or by some
other media, one or more of which chances are to be designated the
winning ones; and (b) the winning chances are to be determined by a
drawing or by some other method based upon the element of chance; and
(c) the holders of the winning chances are to receive something of value
provided, however, that in no event shall the provisions of this
subdivision be construed to include a raffle as such term is defined in
subdivision three-b of section one hundred eighty-six of the general
municipal law.
11. "Policy" or "the numbers game" means a form of lottery in which
the winning chances or plays are not determined upon the basis of a
drawing or other act on the part of persons conducting or connected with
the scheme, but upon the basis of the outcome or outcomes of a future
contingent event or events otherwise unrelated to the particular scheme.
12. "Unlawful" means not specifically authorized by law.
NYSentencing