CHAPTER 5. GAMBLING
IC 35-45-5
Chapter 5. Gambling
IC 35-45-5-1
Definitions
Sec. 1. (a) The definitions in this section apply throughout thischapter.
(b) "Electronic gaming device" means any electromechanicaldevice, electrical device, or machine that satisfies at least one (1) ofthe following requirements:
(1) It is a contrivance which for consideration affords the playeran opportunity to obtain money or other items of value, theaward of which is determined by chance even if accomplishedby some skill, whether or not the prize is automatically paid bythe contrivance.
(2) It is a slot machine or any simulation or variation of a slotmachine.
(3) It is a matchup or lineup game machine or device operatedfor consideration, in which two (2) or more numerals, symbols,letters, or icons align in a winning combination on one (1) ormore lines vertically, horizontally, diagonally, or otherwise,without assistance by the player. The use of a skill stop is notconsidered assistance by the player.
(4) It is a video game machine or device operated forconsideration to play poker, blackjack, any other card game,keno, or any simulation or variation of these games, includingany game in which numerals, numbers, pictures,representations, or symbols are used as an equivalent orsubstitute for the cards used in these games.
The term does not include a toy crane machine or any other deviceplayed for amusement that rewards a player exclusively with a toy,a novelty, candy, other noncash merchandise, or a ticket or couponredeemable for a toy, a novelty, or other noncash merchandise thathas a wholesale value of not more than the lesser of ten (10) timesthe amount charged to play the amusement device one (1) time ortwenty-five dollars ($25).
(c) "Gain" means the direct realization of winnings.
(d) "Gambling" means risking money or other property for gain,contingent in whole or in part upon lot, chance, or the operation ofa gambling device, but it does not include participating in:
(1) bona fide contests of skill, speed, strength, or endurance inwhich awards are made only to entrants or the owners ofentries; or
(2) bona fide business transactions that are valid under the lawof contracts.
(e) "Gambling device" means:
(1) a mechanism by the operation of which a right to money orother property may be credited, in return for consideration, asthe result of the operation of an element of chance;
(2) a mechanism that, when operated for a consideration, does
not return the same value or property for the same considerationupon each operation;
(3) a mechanism, furniture, fixture, construction, or installationdesigned primarily for use in connection with professionalgambling;
(4) a policy ticket or wheel; or
(5) a subassembly or essential part designed or intended for usein connection with such a device, mechanism, furniture, fixture,construction, or installation.
In the application of this definition, an immediate and unrecordedright to replay mechanically conferred on players of pinball machinesand similar amusement devices is presumed to be without value.
(f) "Gambling information" means:
(1) a communication with respect to a wager made in the courseof professional gambling; or
(2) information intended to be used for professional gambling.
(g) "Interactive computer service" means an Internet service, aninformation service, a system, or an access software provider thatprovides or enables computer access to a computer served bymultiple users. The term includes the following:
(1) A service or system that provides access or is anintermediary to the Internet.
(2) A system operated or services offered by a library, school,state educational institution, or private postsecondaryeducational institution.
(h) "Operator" means a person who owns, maintains, or operatesan Internet site that is used for interactive gambling.
(i) "Profit" means a realized or unrealized benefit (other than again) and includes benefits from proprietorship or management andunequal advantage in a series of transactions.
(j) "Tournament" means a contest in which:
(1) the consideration to enter the contest may take the form ofa separate entry fee or the deposit of the required considerationto play in any manner accepted by the:
(A) video golf machine; or
(B) pinball machine or similar amusement device describedin subsection (m)(2);
on which the entrant will compete;
(2) each player's score is recorded; and
(3) the contest winner and other prize winners are determinedby objectively comparing the recorded scores of the competingplayers.
(k) "Toy crane machine" means a device that is used to lift prizesfrom an enclosed space by manipulating a mechanical claw.
(l) For purposes of this chapter:
(1) a card game; or
(2) an electronic version of a card game;
is a game of chance and may not be considered a bona fide contestof skill.
(m) In the application of the definition of gambling set forth in
subsection (d), the payment of consideration to participate in atournament conducted on:
(1) video golf games; or
(2) pinball machines and similar amusement devices that awardno prizes other than to mechanically confer an immediate andunrecorded right to replay on players that is presumed to bewithout value under this section;
is not considered gambling even if the value of a prize awarded in thecourse of the tournament exceeds the amount of the player'sconsideration.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,P.L.340, SEC.80; P.L.70-2005, SEC.2; P.L.2-2007, SEC.377;P.L.227-2007, SEC.64; P.L.3-2008, SEC.252.
IC 35-45-5-2
Unlawful gambling
Sec. 2. (a) A person who knowingly or intentionally engages ingambling commits unlawful gambling.
(b) Except as provided in subsection (c), unlawful gambling is aClass B misdemeanor.
(c) An operator who knowingly or intentionally uses the Internetto engage in unlawful gambling:
(1) in Indiana; or
(2) with a person located in Indiana;
commits a Class D felony.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,P.L.340, SEC.81; P.L.70-2005, SEC.3.
IC 35-45-5-3
Professional gambling; professional gambling over the Internet
Sec. 3. (a) A person who knowingly or intentionally:
(1) engages in pool-selling;
(2) engages in bookmaking;
(3) maintains, in a place accessible to the public, slot machines,one-ball machines or variants thereof, pinball machines thataward anything other than an immediate and unrecorded rightof replay, roulette wheels, dice tables, or money or merchandisepushcards, punchboards, jars, or spindles;
(4) conducts lotteries or policy or numbers games or sellschances therein;
(5) conducts any banking or percentage games played withcards, dice, or counters, or accepts any fixed share of the stakestherein; or
(6) accepts, or offers to accept, for profit, money, or otherproperty risked in gambling;
commits professional gambling, a Class D felony. However, theoffense is a Class C felony if the person has a prior unrelatedconviction under this subsection.
(b) An operator who knowingly or intentionally uses the Internetto: (1) engage in pool-selling:
(A) in Indiana; or
(B) in a transaction directly involving a person located inIndiana;
(2) engage in bookmaking:
(A) in Indiana; or
(B) in a transaction directly involving a person located inIndiana;
(3) maintain, on an Internet site accessible to residents ofIndiana, the equivalent of:
(A) slot machines;
(B) one-ball machines or variants of one-ball machines;
(C) pinball machines that award anything other than animmediate and unrecorded right of replay;
(D) roulette wheels;
(E) dice tables; or
(F) money or merchandise pushcards, punchboards, jars, orspindles;
(4) conduct lotteries or policy or numbers games or sell chancesin lotteries or policy or numbers games:
(A) in Indiana; or
(B) in a transaction directly involving a person located inIndiana;
(5) conduct any banking or percentage games played with thecomputer equivalent of cards, dice, or counters, or accept anyfixed share of the stakes in those games:
(A) in Indiana; or
(B) in a transaction directly involving a person located inIndiana; or
(6) accept, or offer to accept, for profit, money or other propertyrisked in gambling:
(A) in Indiana; or
(B) in a transaction directly involving a person located inIndiana;
commits professional gambling over the Internet, a Class D felony.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,P.L.340, SEC.82; P.L.70-2005, SEC.4; P.L.227-2007, SEC.65.
IC 35-45-5-3.5
Possession of electronic gaming device; maintaining a professionalgambling site; exception for antique slot machines possessed fordecorative, historic, or nostalgic purposes
Sec. 3.5. (a) Except as provided in subsection (c), a person whopossesses an electronic gaming device commits a Class A infraction.
(b) A person who knowingly or intentionally accepts or offers toaccept for profit, money, or other property risked in gambling on anelectronic gaming device possessed by the person commitsmaintaining a professional gambling site, a Class D felony. However,the offense is a Class C felony if the person has a prior unrelatedconviction under this subsection. (c) Subsection (a) does not apply to a person who:
(1) possesses an antique slot machine;
(2) restricts display and use of the antique slot machine to theperson's private residence; and
(3) does not use the antique slot machine for profit.
(d) As used in this section, "antique slot machine" refers to a slotmachine that is:
(1) at least forty (40) years old; and
(2) possessed and used for decorative, historic, or nostalgicpurposes.
As added by P.L.227-2007, SEC.66.
IC 35-45-5-4
Promoting professional gambling; acts constituting; boatmanufacturers; public utilities
Sec. 4. (a) Except as provided in subsections (b) and (d), a personwho:
(1) knowingly or intentionally owns, manufactures, possesses,buys, sells, rents, leases, repairs, or transports a gamblingdevice, or offers or solicits an interest in a gambling device;
(2) before a race, game, contest, or event on which gamblingmay be conducted, knowingly or intentionally transmits orreceives gambling information by any means, or knowingly orintentionally installs or maintains equipment for thetransmission or receipt of gambling information; or
(3) having control over the use of a place, knowingly orintentionally permits another person to use the place forprofessional gambling;
commits promoting professional gambling, a Class D felony.However, the offense is a Class C felony if the person has a priorunrelated conviction under this section.
(b) Subsection (a)(1) does not apply to a boat manufacturer who:
(1) transports or possesses a gambling device solely for thepurpose of installing that device in a boat that is to be sold andtransported to a buyer; and
(2) does not display the gambling device to the general publicor make the device available for use in Indiana.
(c) When a public utility is notified by a law enforcement agencyacting within its jurisdiction that any service, facility, or equipmentfurnished by it is being used or will be used to violate this section, itshall discontinue or refuse to furnish that service, facility, orequipment, and no damages, penalty, or forfeiture, civil or criminal,may be found against a public utility for an act done in compliancewith such a notice. This subsection does not prejudice the right of aperson affected by it to secure an appropriate determination, asotherwise provided by law, that the service, facility, or equipmentshould not be discontinued or refused, or should be restored.
(d) Subsection (a)(1) does not apply to a person who:
(1) possesses an antique slot machine;
(2) restricts display and use of the antique slot machine to the
person's private residence; and
(3) does not use the antique slot machine for profit.
(e) As used in this section, "antique slot machine" refers to a slotmachine that is:
(1) at least forty (40) years old; and
(2) possessed and used for decorative, historic, or nostalgicpurposes.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,P.L.340, SEC.83; P.L.164-1990, SEC.1; P.L.20-1995, SEC.19;P.L.227-2007, SEC.67.
IC 35-45-5-4.5
Notice of illegal gambling to operator
Sec. 4.5. (a) A prosecuting attorney may send written notice to anoperator described in section 2(c) or 3(b) of this chapter. The noticemust:
(1) specify the illegal gambling activity;
(2) state that the operator has not more than thirty (30) daysafter the date the notice is received to remove the illegalgambling activity; and
(3) state that failure to remove the illegal gambling activity notmore than thirty (30) days after receiving the notice may resultin the filing of criminal charges against the operator.
A prosecuting attorney who sends a notice under this section shallforward a copy of the notice to the attorney general. The attorneygeneral shall maintain a depository to collect, maintain, and retaineach notice sent under this section.
(b) The manner of service of a notice under subsection (a) mustbe:
(1) in compliance with Rule 4.1, 4.4, 4.6, or 4.7 of the IndianaRules of Trial Procedure; or
(2) by publication in compliance with Rule 4.13 of the IndianaRules of Trial Procedure if service cannot be made undersubdivision (1) after a diligent search for the operator.
(c) A notice served under subsection (a):
(1) is admissible in a criminal proceeding under this chapter;and
(2) constitutes prima facie evidence that the operator hadknowledge that illegal gambling was occurring on the operator'sInternet site.
(d) A person outside Indiana who transmits information on acomputer network (as defined in IC 35-43-2-3) and who knows orshould know that the information is broadcast in Indiana submits tothe jurisdiction of Indiana courts for prosecution under this section.
As added by P.L.70-2005, SEC.5.
IC 35-45-5-4.6
Blocking certain electronic mail messages
Sec. 4.6. (a) An interactive computer service may, on its owninitiative, block the receipt or transmission through its service of any
commercial electronic mail message that it reasonably believes is orwill be sent in violation of this chapter.
(b) An interactive computer service is not liable for such action.
As added by P.L.70-2005, SEC.6.
IC 35-45-5-4.7
Right of action by interactive computer service; defenses; remedies
Sec. 4.7. (a) An interactive computer service that handles orretransmits a commercial electronic mail message has a right ofaction against a person who initiates or assists the transmission of thecommercial electronic mail message that violates this chapter.
(b) This chapter does not provide a right of action against:
(1) an interactive computer service;
(2) a telephone company;
(3) a CMRS provider (as defined in IC 36-8-16.5-6);
(4) a cable operator (as defined in 47 U.S.C. 522(5)); or
(5) any other entity that primarily provides connectivity to anoperator;
if the entity's equipment is used only to transport, handle, orretransmit information that violates this chapter and is not capable ofblocking the retransmission of information that violates this chapter.
(c) It is a defense to an action under this section if the defendantshows by a preponderance of the evidence that the violation of thischapter resulted from a good faith error and occurrednotwithstanding the maintenance of procedures reasonably adoptedto avoid violating this chapter.
(d) If the plaintiff prevails in an action filed under this section, theplaintiff is entitled to the following:
(1) An injunction to enjoin future violations of this chapter.
(2) Compensatory damages equal to any actual damage provenby the plaintiff to have resulted from the initiation of thecommercial electronic mail message. If the plaintiff does notprove actual damage, the plaintiff is entitled to presumptivedamages of five hundred dollars ($500) for each commercialelectronic mail message that violates this chapter and that issent by the defendant:
(A) to the plaintiff; or
(B) through the plaintiff's interactive computer service.
(3) The plaintiff's reasonable attorney's fees and other litigationcosts reasonably incurred in connection with the action.
(e) A person outside Indiana who:
(1) initiates or assists the transmission of a commercialelectronic mail message that violates this chapter; and
(2) knows or should know that the commercial electronic mailmessage will be received in Indiana;
submits to the jurisdiction of Indiana courts for purposes of thischapter.
As added by P.L.70-2005, SEC.7. Amended by P.L.27-2006, SEC.60.
IC 35-45-5-5 Pari-mutuel wagering; application of chapter
Sec. 5. The provisions of this chapter do not apply to pari-mutuelwagering conducted at racetrack locations or satellite facilitieslicensed for pari-mutuel wagering under IC 4-31.
As added by Acts 1977, P.L.47, SEC.3. Amended byP.L.341-1989(ss), SEC.13; P.L.24-1992, SEC.61.
IC 35-45-5-6
Sale of lottery tickets; application of chapter
Sec. 6. This chapter does not apply to the sale of lottery ticketsauthorized by IC 4-30.
As added by P.L.341-1989(ss), SEC.14.
IC 35-45-5-7
Advertisements; wagering; application of chapter
Sec. 7. This chapter does not apply to the publication or broadcastof an advertisement, a list of prizes, or other information concerning:
(1) pari-mutuel wagering on horse races or a lottery authorizedby the law of any state;
(2) a game of chance operated in accordance with IC 4-32.2; or
(3) a gambling game operated in accordance with IC 4-35.
As added by P.L.217-1991, SEC.1. Amended by P.L.91-2006,SEC.13; P.L.233-2007, SEC.33.
IC 35-45-5-8
Sale and use of gambling devices; application of chapter
Sec. 8. This chapter does not apply to the sale or use of gamblingdevices authorized under IC 4-32.2.
As added by P.L.24-1992, SEC.62. Amended by P.L.91-2006,SEC.14.
IC 35-45-5-9
Reserved
IC 35-45-5-10
Riverboat gambling
Sec. 10. This chapter does not apply to riverboat gamblingauthorized by IC 4-33.
As added by P.L.277-1993(ss), SEC.132.
IC 35-45-5-11
Slot machines at racetracks
Sec. 11. This chapter does not apply to a gambling gameauthorized by IC 4-35.
As added by P.L.233-2007, SEC.34.
IC 35-45-5-12
Authorized gaming in taverns
Sec. 12. This chapter does not apply to the following gamblinggames licensed or authorized under IC 4-36: (1) Raffles and winner take all drawings conducted underIC 4-36-5-1.
(2) Type II gambling games.
As added by P.L.95-2008, SEC.16. Amended by P.L.108-2009,SEC.23.