North Dakota Code 12.1-28-02 – Gambling – Related offenses – Classification of offenses
Except as permitted by law:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
| Class A misdemeanor | up to 360 days | up to $3,000 |
| Infraction | up to $1,000 |
Terms Used In North Dakota Code 12.1-28-02
- Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
- Individual: means a human being. See North Dakota Code 1-01-49
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Public servant: as used in this title and in any statute outside this title which defines an offense means any officer or employee of government, including law enforcement officers, whether elected or appointed, and any person participating in the performance of a governmental function. See North Dakota Code 12.1-01-04
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. It is an infraction to engage in gambling on private premises where the total amount wagered by an individual player exceeds twenty-five dollars per individual hand, game, or event.
2. It is a class A misdemeanor to:
a. Sell, purchase, receive, or transfer a chance to participate in a lottery, whether the lottery is drawn in state or out of state, and whether the lottery is lawful in the other state or country; b. Disseminate information about a lottery with intent to encourage participation in it, except that a legal lottery may be advertised in North Dakota; or
c. Engage in gambling on private premises where the total amount wagered by an individual player exceeds five hundred dollars per individual hand, game, or event.
3. A person is guilty of a class C felony if that person engages or participates in the business of gambling. Without limitation, a person is deemed to be engaged in the business of gambling if that person:
a. Conducts a wagering pool or lottery; b. Receives wagers for or on behalf of another person; c. Alone or with others, owns, controls, manages, or finances a gambling business; d. Knowingly leases or otherwise permits a place to be regularly used to carry on a gambling business or maintain a gambling house; e. Maintains for use on any place or premises occupied by that person a coin-operated gaming device; or
f. Is a public servant who shares in the proceeds of a gambling business whether by way of a bribe or otherwise.
4. a. As used in subsection 3 but with the exceptions provided by subdivision b of this subsection, the term “coin-operated gaming device” means any machine that is:
(1) A so-called “slot” machine that operates by means of the insertion of a coin, token, or similar object and which, by application of the element of chance, may deliver, or entitle the person playing or operating the machine to receive cash, premiums, merchandise, or tokens; or
(2) A machine that is similar to machines described in paragraph 1 and is operated without the insertion of a coin, token, or similar object.
b. The term “coin-operated gaming device” does not include a bona fide vending or amusement machine in which gambling features are not incorporated as defined in section 53-04-01, or an antique “slot” machine twenty-five years old or older that is collected and possessed by a person as a hobby and is not maintained for the business of gambling.
c. A law enforcement officer may seize any device described in subdivision a upon probable cause to believe that the device was used or is intended to be used in violation of this chapter or chapter 53-06.1. The court shall order the device forfeited in the same manner and according to the same procedure as provided under chapter 29-31.1.