Thursday, November 19, 2015

Anti Gambling Laws

State and federal law criminalizes gambling.


Gambling has long been the subject of numerous laws, both on the state and federal level. These laws cover a range of activities, ranging from sports betting to casinos. Even in states where gambling or some form of gambling is allowed, state law punishes unlicensed or other illegal gambling activity.


State Law


State laws typically cover all aspects of gambling. Even if a state allows some form of gambling, state laws typically criminalize other gambling activities. For example, Missouri permits a wide range of gambling activities through licensed casinos or boats. However, it also criminalizes non-licensed gambling, such as bookmaking or sports wagering. Anyone who knowingly engages in illegal gambling in the state can be charged with the crime of gambling, typically charged as a Class C misdemeanor.


Federal Law


Federal law criminalizes a wide range of gambling activity. One of the broadest laws prohibiting gambling was passed under the Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970. Part of the broader Organized Crime Control Act, this law was aimed at stopping ongoing criminal organizations. Under RICO, a person can be charged with racketeering if he commits any two of various state or federal crimes, of which gambling laws are included. Anyone who commits two or more gambling violations of state or federal laws within a 10 period can be charged with a RICO violation.


Criminal Penalties


Gambling can be punished in a number of ways, with each crime coming with various kinds of punishments. Depending on the severity of the crime, gambling charges can be either misdemeanors or felonies. For example, anyone in possession of a gambling device such as a slot machine, roulette table or similar machine in the state of Alabama, with the intent to use it for unlawful gambling, commits a Class A misdemeanor. Class A misdemeanors have a potential punishment of up to one year in prison and up to a $2,000 fine. On the other hand, participating in illegal gambling is charged as simple gambling, a Class C misdemeanor. Class C misdemeanors have a potential penalty of up to 3 months in jail.

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