Woodbridge New Jersey Criminal Defense Lawyer
The criminal defense lawyers at the Iler Law Firm represent clients charged with credit card fraud, marijuana distribution, bribery, and promoting gambling in every county in the State of New Jersey including in Monmouth County, Middlesex County, Ocean County, and Mercer County, NJ. Our experienced criminal defense and DWI attorneys are available 24 hours a day to provide assistance with your criminal charges at 732-842-7787.
Promoting Gambling Criminal Charges in NJ: N.J.S.A. 2C:37-2
In New Jersey, sports betting is currently illegal as well as any other unregulated lotteries or other gambling games or schemes. Charges relating to these offenses are brought under N.J.S.A. 2C:37-2 which provides:
§ 2C:37-2. Promoting gambling
a. Promoting Gambling Defined. A person is guilty of promoting gambling when he knowingly:
(1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby he participates or will participate in the proceeds of gambling activity; or
(2) Engages in conduct, which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation.
b. Grading. A person who violates the provisions of subsection a. by:
(1) Engaging in bookmaking to the extent he receives or accepts in any one day more than five bets totaling more than $ 1,000.00; or
(2) Receiving, in connection with a lottery or policy scheme or enterprise (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than $ 100.00 in any one day of money played in such scheme or enterprise, is guilty of a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $ 35,000.00 and any other appropriate disposition authorized by N.J.S.A. 2C:43-2b.
A person who violates the provisions of subsection a. by engaging in bookmaking to the extent he receives or accepts three or more bets in any two-week period is guilty of a crime of the fourth degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $ 25,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. Otherwise, promoting gambling is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $ 10,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.
c. It is a defense to a prosecution under subsection a. that the person participated only as a player. It shall be the burden of the defendant to prove by clear and convincing evidence his status as such player.
Penalties for Promoting Gambling in New Jersey
As the above statute clearly states, bookmaking is illegal in New Jersey. Essentially, it is illegal to take bets and take a percentage, also known as a "vig", on the gambling action. The grade of the criminal offense for bookmaking turns on the amount of action or bets that the defendant took. If the defendant took more than five (5) bets in one day, totaling more than $1,000.00, this will be a third degree criminal offense in New Jersey which involves one (1) to five (5) years in prison upon conviction. If the individual took three (3) or more bets in any two week period, this is considered fourth degree promoting gambling in New Jersey which includes a maximum penalty of eighteen (18) months in prison if convicted. Otherwise, if the individual did not take three or more bets in a two week period, he or she will be charged with a disorderly persons offense for promoting gambling.
