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Promoting Gambling.
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.2C:43-2 b.
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.
Amended 1979, c.178, s.69; 1997, c.181,
s.9.
 Certified by the Supreme Court of New Jersey
as a Criminal Trial Attorney
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