CHAPTER 10. CRIMES AND PENALTIES
IC 4-33-10
Chapter 10. Crimes and Penalties
IC 4-33-10-1
Class A misdemeanors
Sec. 1. (a) A person who knowingly or intentionally:
(1) makes a false statement on an application submitted underthis article;
(2) operates a gambling operation or a cruise in which wageringis conducted or is to be conducted in a manner other than themanner required under this article;
(3) permits a person less than twenty-one (21) years of age tomake a wager;
(4) aids, induces, or causes a person less than twenty-one (21)years of age who is not an employee of the riverboat gamblingoperation to enter or attempt to enter a riverboat;
(5) wagers or accepts a wager at a location other than ariverboat; or
(6) makes a false statement on an application submitted to thecommission under this article;
commits a Class A misdemeanor.
(b) A person who:
(1) is not an employee of the riverboat gambling operation;
(2) is less than twenty-one (21) years of age; and
(3) knowingly or intentionally enters or attempts to enter ariverboat;
commits a Class A misdemeanor.
As added by P.L.277-1993(ss), SEC.124. Amended byP.L.192-2002(ss), SEC.19.
IC 4-33-10-2
Class D felonies
Sec. 2. A person who knowingly or intentionally does any of thefollowing commits a Class D felony:
(1) Offers, promises, or gives anything of value or benefit:
(A) to a person who is connected with the owner oroperating agent of a riverboat, including an officer or anemployee of a riverboat owner, an operating agent, or aholder of an occupational license; and
(B) under an agreement to influence or with the intent toinfluence:
(i) the actions of the person to whom the offer, promise, orgift was made in order to affect or attempt to affect theoutcome of a gambling game; or
(ii) an official action of a commission member.
(2) Solicits, accepts, or receives a promise of anything of valueor benefit:
(A) while the person is connected with a riverboat, includingan officer or employee of a licensed owner, an operatingagent, or a holder of an occupational license; and (B) under an agreement to influence or with the intent toinfluence:
(i) the actions of the person to affect or attempt to affectthe outcome of a gambling game; or
(ii) an official action of a commission member.
(3) Uses or possesses with the intent to use a device to assist in:
(A) projecting the outcome of the game;
(B) keeping track of the cards played;
(C) analyzing the probability of the occurrence of an eventrelating to the gambling game; or
(D) analyzing the strategy for playing or betting to be usedin the game, except as permitted by the commission.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards, chips, dice,game, or device that is intended to be used to violate this article.
(6) Alters or misrepresents the outcome of a gambling game onwhich wagers have been made after the outcome is made surebut before the outcome is revealed to the players.
(7) Places a bet on the outcome of a gambling game afteracquiring knowledge that:
(A) is not available to all players; and
(B) concerns the outcome of the gambling game that is thesubject of the bet.
(8) Aids a person in acquiring the knowledge described insubdivision (7) for the purpose of placing a bet contingent onthe outcome of a gambling game.
(9) Claims, collects, takes, or attempts to claim, collect, or takemoney or anything of value in or from a gambling game:
(A) with the intent to defraud; or
(B) without having made a wager contingent on winning agambling game.
(10) Claims, collects, or takes an amount of money or thing ofvalue of greater value than the amount won in a gambling game.
(11) Uses or possesses counterfeit chips or tokens in or for usein a gambling game.
(12) Possesses a key or device designed for:
(A) opening, entering, or affecting the operation of agambling game, drop box, or an electronic or a mechanicaldevice connected with the gambling game; or
(B) removing coins, tokens, chips, or other contents of agambling game.
This subdivision does not apply to a licensee or an operatingagent or an employee of a licensee or an operating agent actingin the course of the employee's employment.
(13) Possesses materials used to manufacture a slug or deviceintended to be used in a manner that violates this article.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,SEC.16; P.L.2-1998, SEC.11; P.L.92-2003, SEC.45.
IC 4-33-10-2.1
Licensees or persons who have an interest in a licensee; operatingcontract considered a license; operating agent considered a licensee
Sec. 2.1. (a) This section applies only to contributions made afterJune 30, 1996.
(b) The definitions in IC 3-5-2 apply to this section to the extentthey do not conflict with the definitions in this article.
(c) As used in this section, "candidate" refers to any of thefollowing:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(d) As used in this section, "committee" refers to any of thefollowing:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the houseof the general assembly.
(4) A committee organized by a legislative caucus of the senateof the general assembly.
(e) As used in this section, "license" means:
(1) an owner's license issued under this article;
(2) a supplier's license issued under this article to a supplier ofgaming supplies or equipment, including electronic gamingequipment; or
(3) an operating agent contract issued under this article.
(f) As used in this section, "licensee" means a person who holdsa license. The term includes an operating agent.
(g) As used in this section, "officer" refers only to either of thefollowing:
(1) An individual listed as an officer of a corporation in thecorporation's most recent annual report.
(2) An individual who is a successor to an individual describedin subdivision (1).
(h) For purposes of this section, a person is considered to have aninterest in a licensee if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in thelicensee.
(2) The person is an officer of the licensee.
(3) The person is an officer of a person that holds at least a onepercent (1%) interest in the licensee.
(4) The person is a political action committee of the licensee.
(i) A licensee is considered to have made a contribution if acontribution is made by a person who has an interest in the licensee.
(j) A licensee or a person who has an interest in a licensee maynot make a contribution to a candidate or a committee during thefollowing periods:
(1) The term during which the licensee holds a license.
(2) The three (3) years following the final expiration ortermination of the licensee's license. (k) A person who knowingly or intentionally violates this sectioncommits a Class D felony.
As added by P.L.4-1996, SEC.94. Amended by P.L.92-2003, SEC.46.
IC 4-33-10-2.5
Prohibition on gifts to induce committee members on local publicquestion
Sec. 2.5. (a) This section applies only to property given after June30, 1996.
(b) The definitions in IC 3-5-2 apply to this section to the extentthey do not conflict with the definitions in this article.
(c) As used in this section, "license" means:
(1) an owner's license issued under this article;
(2) a supplier's license issued under this article to a supplier ofgaming supplies or equipment, including electronic gamingequipment; or
(3) an operating agent contract entered into under this article.
(d) As used in this section, "licensee" means a person who holdsa license. The term includes an operating agent.
(e) As used in this section, "officer" refers only to either of thefollowing:
(1) An individual listed as an officer of a corporation in thecorporation's most recent annual report.
(2) An individual who is a successor to an individual describedin subdivision (1).
(f) For purposes of this section, a person is considered to have aninterest in a licensee if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in thelicensee.
(2) The person is an officer of the licensee.
(3) The person is an officer of a person that holds at least a onepercent (1%) interest in the licensee.
(4) The person is a political action committee of the licensee.
(g) A licensee or a person with an interest in a licensee may notgive any property (as defined in IC 35-41-1-23) to a member of aprecinct committee to induce the member of the precinct committeeto do any act or refrain from doing any act with respect to theapproval of a local public question under IC 4-33-6-19.
(h) A person who knowingly or intentionally violates this sectioncommits a Class D felony.
As added by P.L.24-1996, SEC.11. Amended by P.L.2-1997, SEC.14;P.L.92-2003, SEC.47.
IC 4-33-10-3
Possession of cheating devices; presumption
Sec. 3. The possession of more than one (1) of the devicesdescribed in section 2(3), 2(5), 2(12), or 2(13) of this chapter createsa rebuttable presumption that the possessor intended to use thedevices for cheating.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,
SEC.17.
IC 4-33-10-4
Convicted felons; entering riverboats prohibited
Sec. 4. A person who is convicted of a felony described in thischapter is barred for life from entering a riverboat regulated underthis article.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-10-5
Venue
Sec. 5. An action to prosecute a crime occurring on a riverboatwhile the riverboat is moored at a dock or during a cruise shall betried in the county of the dock where the riverboat was moored or thecruise was initiated.
As added by P.L.277-1993(ss), SEC.124. Amended byP.L.192-2002(ss), SEC.20.