Gambling - Texas Gang Investigators Association

Go to content

Main menu:

Gambling

Penal Code

Sec. 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).

 
 
Back to content | Back to main menu