5-115

5-115. Violation; classification; civil
penalties

A. At any racing meeting conducted under the provisions of this article, a person
is guilty of a class 4 felony, if he:

1. Knowingly influences or has any understanding or connivance with any official,
owner, jockey, trainer, groom, starter, assistant starter or other person associated with
a stable, kennel or race in which any horse or dog participates to predetermine the
result thereof.

2. Knowingly gives or offers a bribe in any form to any official, owner, trainer,
jockey, driver or groom, starter or assistant starter or any other person licensed by the
department or accepts or solicits a bribe in any form.

3. Knowingly has in his possession or in use, while riding or driving in any horse
race, any mechanical or electric device capable of affecting a horse's performance other
than an ordinary whip.

4. Knowingly commits any other corrupt or fraudulent practice in relation to racing
which affects or may affect the result of a race.

5. For the purpose of selling or offering to sell predictions on horse races,
harness races or dog races, advertises that he has predicted the outcome of any race
which has been run in this state, unless such person has notified in writing the
department or a representative of the department of his predictions at least three hours
prior to the race involved on forms prescribed by the department. No person shall
advertise the fact that he has notified the department or use the name of the department
in any way whatsoever to promote the activities described in this section. For the
purposes of this paragraph, "advertise" means the use of any newspaper, magazine or other
publication, book, notice, circular, pamphlet, letter, handbill, tip sheet, poster, bill,
sign, placard, card, label, tag window display, store sign, radio or television
announcement, or other means or methods now or hereafter employed to bring to the
attention of the public information concerning the outcome of horse or dog
races. Nothing contained in this paragraph shall apply to any daily newspaper of general
circulation which is regularly entered in the United States mail, or any other daily
publication carrying complete past performances of horses or dogs entered in races, or to
any regularly published magazine or periodical devoted to racing news, which magazine or
periodical has been published for at least two years.

B. It is a class 4 felony for:

1. A trainer or owner to enter a horse or dog in a race if the trainer or owner
knows that the horse or dog is drugged or desensitized and that the racing performance of
the animal is affected.

2. A person to perform the drugging or desensitizing of a horse or dog if such a
person knows that the horse or dog will compete in a race while so drugged or
desensitized and knows that the racing performance of the animal is affected.

3. A person to intentionally fail to notify a steward as soon as reasonably
possible that a horse or dog entered in a race is drugged or desensitized or that a horse
or dog was not properly made available for the required tests or inspections and knows
that the racing performance of the animal may be affected.

4. A person to intentionally impair or alter the normal performance of a
pari-mutuel wagering system with the intent to defraud or injure the state or a
permittee. Alteration of the normal performance of a pari-mutuel system includes:

(a) Altering, changing or interfering with any equipment or device used in
connection with pari-mutuel wagering.

(b) Causing any false, inaccurate, delayed or unauthorized data, impulse or signal
to be fed into, transmitted over, registered in or displayed on any equipment or device
used in connection with pari-mutuel wagering.

5. A person to impair or alter the normal operation of simulcast broadcasts by
intentionally doing any of the following with the intent to defraud or injure the state
or a permittee:

(a) Intercepting or decoding a transmission of a simulcast signal, either in whole
or in part, which has been authorized in writing for the use of pari-mutuel wagering and
which the director has not provided written authorization for the person to receive or
decode.

(b) Without written authorization from the director, manufacturing, distributing or
selling a device, a plan or a kit for a device capable of intercepting or decoding a
transmission of a simulcast signal with the intent that the device, plan or kit be used
for interception or decoding.

(c) Without written authorization from the director, possessing a device, a plan or
a kit for a device capable of intercepting or decoding a transmission of a simulcast
signal with the intent that the device, plan or kit be used for the interception or
decoding.

C. The department, in addition to any criminal penalties provided in this chapter
and in addition to suspension or revocation of a credential or a license, may levy a
civil penalty as to a licensee or a holder of a credential as follows:

1. In an amount of not to exceed five thousand dollars for each violation of any
provision of subsection A.

2. In an amount of not to exceed one thousand dollars for each violation of any
provision of this chapter which constitutes grounds for suspension or revocation of a
credential or license, except for violation of those provisions contained in subsection
A. All sums paid to the department pursuant to this subsection shall be deposited,
pursuant to sections 35-146 and 35-147, in the state general fund.

D. Any person who holds or conducts any racing meeting or operates an additional
wagering facility without first complying with the provisions of this article, or any
person who fails to submit to a drug test as directed by stewards or who violates any
other provision of this article for which no other penalty is prescribed, is guilty of a
class 2 misdemeanor.

E. A member of the commission or an employee of the department who at any time,
directly or indirectly, knowingly receives any money, bribe, tip or other thing of value
or service from any person connected with racing given with an intent to influence his
official action, or any person connected with racing who, directly or indirectly,
knowingly gives such money, bribe, tip or other thing of value or service to a member of
the commission or an employee of the department with intent to influence his official
action, is guilty of a class 4 felony.

F. A person who knowingly removes or alters, either directly or indirectly, any
tattoo, other marking, device, coloration or special characteristic that is required by
the department for the purpose of identifying a greyhound used or bred for racing
purposes or a person who knowingly subjects a greyhound used or bred for racing purposes
regulated under this chapter to grossly inhumane conditions or severe mistreatment is
guilty of a class 6 felony. For purposes of this subsection:

1. "Grossly inhumane conditions" means conditions arising from a person's reckless
indifference to the consequences of an act or omission if the person, without any actual
intent to injure, is aware from his knowledge of existing circumstances and conditions
that his conduct will inevitably or probably result in injury to a greyhound used or bred
for racing purposes.

2. "Severe mistreatment" means the infliction of physical pain, suffering or death
on a greyhound used or bred for racing purposes in a manner that is either wanton or with
reckless indifference to pain or suffering.