Promoting Gambling in First & Second Degrees
NY Penal Law Sections 225.05 and 225.10, Promoting Gambling in the Second and First Degree respectively, are not crimes routinely prosecuted by Assistant District Attorneys in the New York City area (Manhattan, Brooklyn, Bronx, Queens and Westchester), but offenses that often times are tied to larger schemes. There is no distinction in this statute if you are running a poker game from your apartment or an off shore sports betting facility.
Critical Elements of New York Penal Law 225.05 and 225.10
Whether you are charged with Promoting Gambling in First Degree or Promoting Gambling in the Second Degree, there is specifically defined language in the statute that has its own legal meaning. For example, “gambling,” “advances from gambling activity” and “profits from gambling activity” each have special meanings. In order to have violated the statutes, your activities must comply with this language.
“Gambling” occurs when a person risks something of value upon the outcome of a particular game of chance or a future contingent event. This future event must not be under the gambler’s control. Moreover, to be “gambling” there must also be an agreement that the gambler will receive something of value (usually money) in the event there is a particular outcome.
Merely one of many definitions, it is important to consult with an experienced New York criminal defense attorney to further explain the statutes and their underlying definitions.
Promoting Gambling in the Second Degree – New York Penal Law 225.05
You are guilty of promoting Gambling in the Second Degree when you knowingly advance or profit from a gambling activity. An “A” misdemeanor, Gambling in the Second Degree is punishable by up to one year in jail.
Promoting Gambling in the First Degree – New York Penal Law 225.10
You are guilty of promoting Gambling in the First Degree when you knowingly advance or profit from a gambling activity by bookmaking. However, you must also receive or accept more than five bets valued in excess of $5,000 on any given day. Alternatively, you are guilty of this crime if you advance from a gambling activity by receiving, in connection with a lottery or policy scheme, money or written records from a person other than a player or more than five hundred dollars in any one day of money played in the scheme.
An “E” felony, Promoting Gambling in the First Degree is punishable by up to four years in state prison.
Other Crimes Associated with Promoting Gambling
Outside of the obvious crimes such as Possession of Gambling Records, Promoting Gambling in larger cases is often a less serious offense associated with Enterprise Corruption (NY State RICO), Grand Larceny and various tax crimes. These other crimes can carry up to twenty five years in prison if you are convicted.
Further information on Promoting Gambling and associated crimes can be found either through the respective links or on the New York Criminal Lawyer Blog (newyorkcriminallawyer-blog.com). The blog not only contains criminal statutes with commentary, but legal decisions and cases of interest covered by various media outlets.
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