Re: nyc statute
anonymous
October 4 2006, 18:44:01 UTC
The definition of "advancing gambling activity" is in Section 225(4) of the New York Penal Code (you'll need to scroll down). I think the better reading of the statute as a whole though is that it does not apply to hosting home games. As long as you don't take a cut from the winnings, hosting a game appears to be explicitly carved out under Section 225(3):
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.
Re: nyc statuteshipitfishOctober 5 2006, 02:27:35 UTC
Is there case law on this? I like your reading, but I had a hard time justifying it. It comes down to the definition of “advance”, which I don't see given a specific definition in the statue. They make a distinction between advance and profit:
A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.
Some could argue I advance those people who are gambling in a social game of chance, since I'm providing the venue, chips, cards, etc.
I admit I'm not a lawyer, but the ones I work with every day keep telling me I think like one. :)
Re: nyc statute
anonymous
October 5 2006, 03:19:04 UTC
You don't need caselaw, Bradley. It's all right there in the statute that Alceste excerpted, to wit: "A person who gambles at a social game of chance on equal terms with the other participants therein " (i.e. you) does not otherwise render material assistance to the establishment, conduct or operation thereof (i.e. cross the line into illegal territory) by performing, without fee or remuneration, (i.e. by doing for free) 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 (i.e. posting an invite on their blog, emailing people to come over, buying a table and cards.)
In sum: As long as you are not making money by bringing people to the game or making people pay to play, you can host as many games you want and invite anyone you'd like, including the Brooklyn District Attorney himself.
On the upside, Alceste, it looks like our hundred grand plus for law school was not a waste!
Comments 9
-dawn
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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.
--Alceste
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Is there case law on this? I like your reading, but I had a hard time justifying it. It comes down to the definition of “advance”, which I don't see given a specific definition in the statue. They make a distinction between advance and profit:
A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.
Some could argue I advance those people who are gambling in a social game of chance, since I'm providing the venue, chips, cards, etc.
I admit I'm not a lawyer, but the ones I work with every day keep telling me I think like one. :)
Reply
In sum: As long as you are not making money by bringing people to the game or making people pay to play, you can host as many games you want and invite anyone you'd like, including the Brooklyn District Attorney himself.
On the upside, Alceste, it looks like our hundred grand plus for law school was not a waste!
-Dawn S
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