Every time the Legislature convenes the House Criminal Jurisprudence committee spends at least a day listening to testimony about all the gambling bills filed. Most of them center around 8-liners. Another complaint is that most gambling offenses are misdemeanors and should be classified as felonies. However, given that gambling is a financially based offense, the civil asset forfeiture laws have consistently been seen as a more effective method of prosecution and deterrence.
In Texas there are a number of specific statutes regulating the use of 8-liners, and one repeated debate involves whether or not the prize or award constitutes a "thing of value." The significant portions of the general and specific Texas gambling statutes are as follows:
GAMBLING
A person commits an offense if he:
(1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;
(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
An offense under this section is a Class C misdemeanor.
GAMBLING PROMOTION
A person commits an offense if he intentionally or knowingly does any of the following acts:
(1) operates or participates in the earnings of a gambling place;
(2) engages in bookmaking;
(3) for gain, becomes a custodian of anything of value bet or offered to be bet;
(4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination,
appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(5) for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.
An offense under this section is a Class A misdemeanor.
KEEPING A GAMBLING PLACE
A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.
An offense under this section is a Class A misdemeanor.
COMMUNICATING GAMBLING INFORMATION
A person commits an offense if, with the intent to further gambling, he knowingly communicates information as to bets, betting odds, or changes in betting odds or he knowingly provides, installs, or maintains equipment for the transmission or receipt of such information.
An offense under this section is a Class A misdemeanor.
POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA
(a) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of a gambling device.
(b) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers commercially, or possesses any altered gambling equipment that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of such device.
(c) A person commits an offense if, with the intent to further gambling, the person knowingly owns, manufactures, transfers commercially, or possesses gambling paraphernalia.
An offense under this section is a Class A misdemeanor.
Since many states allow limited forms of gambling, federal criminal gambling law is largely confined to enforcing State law violations. There are two specific federal gambling law statutes at 18 U.S.C. § 1955 and 18 U.S.C. § 1953:
Prohibition of illegal gambling businesses
Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both.
“Gambling” includes but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.
“Illegal gambling business” means a gambling business which—
(i) is a violation of the law of a State or political subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and
(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day.
Interstate transportation of wagering paraphernalia
Whoever, except a common carrier in the usual course of its business, knowingly carries or sends in interstate or foreign commerce any record, paraphernalia, ticket, certificate, bills, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for use in (a) bookmaking; or (b) wagering pools with respect to a sporting event; or (c) in a numbers, policy, bolita, or similar game shall be fined under this title or imprisoned for not more than five years or both.
DEFENSES TO GAMBLING
Throughout each of the gambling statutes in the Texas Penal Code there are a number of affirmative defenses. The most common defense to prosecution results from distinguishing the professional gambling enterprise from recreational gambling. It is a defense to prosecution for gambling or keeping a gambling place when:
(1) the actor engaged in gambling in a private place;
(2) no person received any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
Because there are legal gambling enterprises in Texas, there are also specific exceptions to prosecution. For example, when dealing with prosecutions for communicating gambling information or possessing gambling equipment, naturally the following exceptions and defenses apply:
- It is an exception that the information communicated is intended for use in placing a lawful wager;
- The person owned, manufactured, transferred, or possessed the gambling device, equipment, or paraphernalia for the sole purpose of shipping it to another jurisdiction where the possession or use of the device, equipment, or paraphernalia was legal;
- The gambling was authorized under the Occupations Code, the Texas Racing Act, or the state lottery; and
- The gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if specific rules involving notice and
disabling of the devises are followed while the vessel is docked.
