PART III. 
GAMBLING OFFENSES



 



§712-1220  Definitions of terms in this
part.  In this part unless a different meaning plainly is required, the
following definitions apply.



(1)  "Advance gambling activity".  A
person "advances gambling activity" if he engages in conduct that
materially aids any form of gambling activity.  Conduct of this nature 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.  A person advances gambling activity if, having
substantial proprietary control or other authoritative control over premises
being used with his knowledge for purposes of gambling activity, he permits
that activity to occur or continue or makes no effort to prevent its occurrence
or continuation.  A person advances gambling activity if he plays or
participates in any form of gambling activity.



(2)  "Bookmaking" means advancing gambling
activity by accepting bets from members of the public upon the outcomes of
future contingent events.



(3)  "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.



(4)  "Gambling".  A person engages in
gambling if 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 or someone else will receive something of
value in the event of a certain outcome.  Gambling does not include bona fide
business transactions valid under the law of contracts, including but not
limited to contracts for the purchase or sale at a future date of securities or
commodities, and agreements to compensate for loss caused by the happening of
chance, including but not limited to contracts of indemnity or guaranty and
life, health, or accident insurance.



(5)  "Gambling device" means any
device, machine, paraphernalia, or equipment that is used or usable in the
playing phases of any gambling activity, whether that activity consists of
gambling between persons or gambling by a person involving the playing of a
machine.  However, lottery tickets and other items used in the playing phases
of lottery schemes are not gambling devices within this definition.



(6)  "Lottery" means a 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 medium, 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 on an element of chance; and



(c) The holders of the winning chances are to receive
something of value.



(7)  "Mutuel" 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.



(8)  "Player" means a person who
engages in gambling solely as a contestant or bettor.



(9)  "Profit from gambling
activity".  A person "profits from gambling activity" if 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.



(10)  "Social gambling" is defined in
section 712-1231.



(11)  "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 or entertainment. [L 1972, c 9, pt of §1; am L 1973, c
201, pt of §1]



 



COMMENTARY ON §712-1220



 



  This section provides definitions of terms used repeatedly in
this Part of Chapter 712, a discussion of the definitions is incorporated in
the Commentary on the substantive sections employing the defined terms.



 



SUPPLEMENTAL COMMENTARY ON §712-1220



 



  Act 201, Session Laws 1973, made several changes to the
definitions as previously contained in the Proposed Draft of the Code.  In Item
(1), the phrase "acting other than as a player" was deleted, so that
any person, including a player, advances gambling activity if the person
engages in conduct that materially aids any form of gambling activity.  Also,
the last sentence was added, which states:  "A person advances gambling
activity if he plays or participates in any form of gambling activity." 
In Item (2) the term "bookmaking" previously was defined as
"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."  The term "unlawfully"
and the phrase "as a business rather than in a casual or personal
fashion" were deleted.  In Item (6), "lottery" was changed from
"an unlawful gambling scheme" to "a gambling scheme."



  In Item (8), the Proposed Code, as well as the Code as
adopted in 1972, had contained an extensive definition of the word
"player" in an attempt to describe a player in a social gambling
game.  Act 201 deleted that definition and instead defined "player"
as a person who "engages in gambling solely as a contestant or
bettor."  In Item (9), the phrase "other than as a player" was
deleted, so that even players may "profit from gambling activity." 
Item (10) is a new addition stating that "social gambling" is defined
in §712-1231.  In Item (11) the phrase "or a privilege of playing at a
game or scheme without charge" was deleted from the definition of
"something of value."