76-10-1102.  Gambling.

(1)  A person is guilty of gambling if the person:

Terms Used In Utah Code 76-10-1102

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-601
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fringe gambling: means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. See Utah Code 76-10-1101
  • Gambling: includes a lottery. See Utah Code 76-10-1101
  • Internet service provider: means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah. See Utah Code 76-10-1101
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • online gambling: means gambling, fringe gambling, or gaming by use of:
(a) the Internet; or
(b) any mobile electronic device that allows access to data and information. See Utah Code 76-10-1101
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-601
  • Personal property: includes :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Video gaming device: means a device that includes all of the following:
    (a) a video display and computer mechanism for playing a game;
    (b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;
    (c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;
    (d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits:
    (i) does not significantly extend the length of play time of any single game; and
    (ii) provides for a chance of greater return of credits, games, or money; and
    (e) an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user's name, birthdate, or contact information. See Utah Code 76-10-1101
    (a)  participates in gambling or fringe gambling, including any Internet or online gambling;

    (b)  knowingly permits 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; or

    (c)  knowingly allows the use of any video gaming device that is:

    (i)  in any business establishment or public place; and

    (ii)  accessible for use by any person within the establishment or public place.
  • (2)  Gambling is a class B misdemeanor, except that any person who is convicted two or more times under this section is guilty of a class A misdemeanor.

    (3) 

    (a)  A person is guilty of a third degree felony who intentionally provides or offers to provide any form of Internet or online gambling to any person in this state.

    (b)  Subsection (3)(a) does not apply to an Internet service provider, a hosting company as defined in Section 76-10-1230, a provider of public telecommunications services as defined in Section 54-8b-2, or an Internet advertising service by reason of the fact that the Internet service provider, hosting company, Internet advertising service, or provider of public telecommunications services:

    (i)  transmits, routes, or provides connections for material without selecting the material; or

    (ii)  stores or delivers the material at the direction of a user.

    (4)  If any federal law authorizes Internet gambling in the states and that federal law provides that individual states may opt out of Internet gambling, this state shall opt out of Internet gambling in the manner provided by federal law and within the time frame provided by that law.

    (5)  Regardless of whether a federal law is enacted that authorizes Internet gambling in the states, this section acts as this state’s prohibition of any gambling, including Internet gambling, in this state.

    Amended by Chapter 291, 2020 General Session

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