§712-1221  Promoting gambling in the first
degree.  (1)  A person commits the offense of promoting gambling in the
first degree if the person knowingly advances or profits from gambling activity
by:



(a) Engaging in bookmaking to the extent that the
person receives or accepts in any seven-day period more than five bets totaling
more than $500; or



(b) Receiving in connection with a lottery, or mutuel
scheme or enterprise, money or written records from a person other than a
player whose chances or plays are represented by such money or records; or



(c) Receiving or having become due and payable in
connection with a lottery, mutuel, or other gambling scheme or enterprise, more
than $1,000 in any seven-day period played in the scheme or enterprise.



(2)  Promoting gambling in the first degree is
a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L
1983, c 161, §1; am L 1987, c 83, §1; gen ch 1992]



 



Case Notes



 



  Although it may have been error admitting into evidence, as
expert opinion under HRE rule 702, officer's testimony concerning §712-1231(b),
the social gambling defense, where defendant was not entitled to this defense
in a prosecution for promoting gambling in the first degree under subsection
(1)(c), error was harmless.  92 H. 98 (App.), 987 P.2d 996.