ARTICLE XXXVII. - OFFENSES REGARDING GAMBLING
Part of the Code of Ordinances of Minersville, UT.
The text
Footnotes:
--- (21) --- State Law reference— Gambling, U.C.A. 1953, § 76-10-1101 et seq.
Sec. 14-1166. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Gambling. (1)
The term "gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome is based upon an element of chance, regardless of:
a.
The existence of a preview or pre-reveal feature in the device, contest, or game; or
b.
Whether the preview or pre-reveal feature described in U.C.A. 1953, § 76-10-1101 allows users to see individual or successive outcomes and is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome, and gambling includes a lottery.
(2)
The term "gambling" does not include:
a.
A lawful business transaction; or
b.
Use of an amusement device.
Gambling bet means money, checks, credit, or any other representation of value.
Gambling device or record means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling.
Gambling proceeds means anything of value used in gambling or fringe gambling.
Lottery means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property or portion of it, or for any share or any interest in property upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it may be known.
(Code 1981, § 13-1111)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1101(8)—(11).
Sec. 14-1167. - Gambling.#
(a)
A person is guilty of gambling if he:
(1)
Participates in gambling or fringe gambling, or
(2)
Knowingly permits any gambling or fringe gambling to be played, conducted, or dealt upon or in any real or personal property owned, rented or under the control of the actor, whether in whole or in part.
(b)
Gambling is a Class B misdemeanor.
(Code 1981, § 13-1112)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1102(1), (2).
Sec. 14-1168. - Gambling fraud.#
(a)
A person is guilty of gambling fraud if he participates in gambling or fringe gambling and wins or acquires to himself or herself or another any gambling proceeds when the person knows the person has a lesser risk of losing or greater chance of winning than one or more of the other participants, and the risk is not known to all participants.
(b)
A person convicted of gambling fraud shall be punished as in the case of theft of property of like value, provided that the penalty shall not exceed a Class B misdemeanor.
(Code 1981, § 13-1113)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1103.
Sec. 14-1169. - Gambling promotion.#
(a)
A person is guilty of gambling promotion if the person derives or intends to derive an economic benefit other than personal winnings from gambling or fringe gambling and:
(1)
He induces or aids another to engage in gambling or fringe gambling; or
(2)
He knowingly invests in, finances, owns, controls, supervises, manages, or participates in any gambling or fringe gambling.
(b)
Gambling promotion is a Class A misdemeanor which is prosecuted under state law.
(Code 1981, § 13-1114)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1104.
Sec. 14-1170. - Possessing a gambling device or record.#
(a)
A person is guilty of possessing a gambling device or record if the person knowingly possesses the gambling device or record with intent to use the gambling device or record in gambling or fringe gambling.
(b)
Possession of a gambling device or record is a Class A misdemeanor which is prosecuted under state law.
(Code 1981, § 13-1115)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1105.
Sec. 14-1171. - Seizure and disposition of gambling debts or proceeds.#
Any gambling bets or gambling proceeds which are reasonably identifiable as having been used or obtained in violation of this article may be seized and are subject to forfeiture proceedings in accordance with U.C.A. 1953, tit. 24, Forfeiture and Disposition of Property Act.
(Code 1981, § 13-1118)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1108.
Sec. 14-1172. - Confidence game; punishment as for theft; description in charge.#
(a)
Any person who obtains or attempts to obtain from any other person any money or property by any means, instrument or device commonly called a confidence game shall be punished as in the case of theft of property of like value.
(b)
In every indictment, information, or complaint under this section, it shall be deemed and held a sufficient description of the offense to charge that the accused did, on ________ (insert the date) unlawfully and knowingly obtain or attempt to obtain (as the case may be) from ___________ (insert name of the person defrauded or attempted to be defrauded) his money or property (as the case may be) by means and by use of a confidence game.
(Code 1981, § 13-1119)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1109.