Texas Law on Gambling

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  • DukeJohn
    SBR MVP
    • 12-29-07
    • 1779

    #1
    Texas Law on Gambling
    Just F.Y.I. this is the Texas law on Gambling or Sport Betting:

    § 47.02. Gambling

    (a) A person commits an offense if he:
    (1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;
    (2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
    (3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
    (b) It is a defense to prosecution under this section that:
    (1) the actor engaged in gambling in a private place;
    (2) no person received any economic benefit other than personal winnings; and
    (3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
    (c) It is a defense to prosecution under this section that the actor reasonably believed that the conduct:
    (1) was permitted under Chapter 2001, Occupations Code;
    (2) was permitted under Chapter 2002, Occupations Code;
    (3) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code);
    (4) was permitted under the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes); or
    (5) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.
    (d) An offense under this section is a Class C misdemeanor.
    (e) It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of "gambling device" under Section 47.01(4)(B).

    WTG Texas!! Now let's say somehow you managed to get charged and just didn't want to deal with it. What is the maximum fine for a Class C misdemeanor:

    Class C Misdemeanor Range of Punishment - Texas Penal Code

    § 12.23. CLASS C MISDEMEANOR.

    An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

    Now I am not an attorney, just listing the law. Gotta love Texas
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