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Current through Sep. 1, 2014

Arkansas Code

16-118-103. Gambling debts and losses.

(a) (1) (A) (i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property.
(ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost.

(B) The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under 5-2-601 et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost.

(2) The heirs, executors, administrators, or creditors of the person losing any money or property at any game or gambling device, or on any bet or wager whatever, may have the same remedy as is provided in subdivision (a)(1) of this section for the person losing.

(3) Nothing in this subsection shall be so construed as to enable any person to recover any money or property lost on any turf race.

(b) (1) All judgments, conveyances, bonds, bills, notes, securities, and contracts, where the consideration or any part thereof is money or property won at any game or gambling device, or any bet or wager whatever, or for money or property lent to be bet at any gaming or gambling device, or at any sport or pastime whatever, shall be void.

(2) The assignment of any bond, bill, note, judgment, conveyance, contract, or other security shall not affect the defense of the person executing the assignment.

(c) Any matter of defense under this section may be specially pleaded or may be given in evidence under the general issue.

(d) (1) In all suits under this section, the plaintiff may call on the defendant to answer on oath any interrogatory touching the case, and if the defendant refuses to answer, the same shall be taken as confessed.

(2) The answer shall not be admitted as evidence against the person in any proceedings by indictment.

(e) It is the strong public policy of the State of Arkansas that gambling, whether regulated or unregulated, on credit is an unenforceable contract and the courts of this state shall not enforce gambling debts, regardless of whether the contract was entered into within this state or without this state.

5-66-101. Construction of statutes.
(a) In their construction of the statutes prohibiting gaming, the judges of the several courts in this state shall construe the statutes liberally, with a view of preventing persons from evading the penalty of the law by changing of the name or the invention of new names or devices that now are, or may hereafter be, brought into practice, in any and in all kinds of gaming, and all general terms of descriptions shall be so construed as to have effect, and include all such games and devices as are not specially named.

(b) In all cases in which construction is necessary, the construction shall be in favor of the prohibition and against the offender.

5-66-103. Gambling houses.
(a) A person commits the offense of keeping a gambling house if the person:
(1) Keeps, conducts, or operates, or who is interested directly or indirectly in keeping, conducting, or operating any gambling house or place where gambling is carried on; (2) Sets up, keeps, or exhibits or causes to be set up, kept, or exhibited or assists in setting up, keeping, or exhibiting any gambling device; or (3) Is interested directly or indirectly in running any gambling house or in setting up and exhibiting any gambling device, either by furnishing money or another article, for the purpose of carrying on any gambling house.

(b) Keeping a gambling house is a Class D felony.

5-66-104. Gaming devices - Prohibition.
(a) It is unlawful for a person to set up, keep, or exhibit any gaming table or gambling device, commonly called "A. B. C.", "E. O.", roulette, or rouge et noir, any faro bank, or any other gaming table or gambling device, or bank of the like or similar kind, or of any other description although not named in this section, regardless of the name or denomination, either:
(1) Adapted, devised, or designed for the purpose of playing any game of chance; or (2) At which any money or property may be won or lost.
(b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.

5-66-105. Gaming devices - Financial interest.
(a) It is unlawful for any person in any way, either directly or indirectly, to be:
(1) Interested or concerned in any gaming prohibited by 5-66-104, either by furnishing money or another article for the purpose of carrying on gaming; or (2) Interested in the loss or gain of gaming prohibited by 5-66-104.

(b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.

5-66-106. Gaming devices - Betting.
(a) It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by 5-66-104.

(b) Upon conviction, a person who violates this section is guilty of a violation and shall be fined in any sum not exceeding one hundred dollars ($100) nor less than fifty dollars ($50.00).

5-66-107. Gaming devices - In buildings or on vessels.
(a) It is unlawful for any owner or occupant of any house, outbuilding, or other building or any steamboat, or other vessel to knowingly permit or suffer any games, tables, or banks mentioned in 5-66-104 or permit or suffer any kind of gaming under any name, to be carried on or exhibited in his or her house, outbuilding, or other building, or on board of any steamboat, flatboat, keelboat, or other vessel on any of the waters within this state.

(b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.

5-66-110. Keno, etc.
(a) If a person sets up or exhibits, causes to be set up or exhibited, or aids or assists in setting up or exhibiting in the state any gaming device commonly known and designated as "keno" or any similar device by any other name or without a name, upon conviction the person is guilty of a violation and shall be fined in any sum not less than two hundred dollars ($200) for benefit of the common school fund.

(b) (1) It is the duty of each prosecuting attorney in this state who knows or is informed of any person exhibiting or setting up, or aiding or assisting in setting up any device described in subsection (a) of this section in his or her district, to take immediate steps to have the person immediately arrested for trial, and the prosecuting attorney shall have the person arrested as provided in this subsection for each separate offense done or committed on every separate day.
(2) If any prosecuting attorney who knows or is informed of any violation of this section refuses or neglects to cause the arrest and trial of the person so offending within five (5) days next after he or she knows or is informed of the offense, upon indictment and conviction, the prosecuting attorney shall be fined in any sum not less than five hundred dollars ($500).
(c) (1) It is the duty of every justice of the peace, knowing or being informed of any violation of subsection (a) of this section, in his or her township, for which the person has not been arrested or tried under the provisions of this section, to cause the arrest and trial of the person so offending, for each separate offense done or committed against the provisions of this section.
(2) If any justice of the peace who knows or is informed of any violation of subsection (a) of this section in his or her township refuses or neglects to cause the arrest and trial of the person so violating subsection (a) of this section, within five (5) days next after he or she is informed of the same, the justice of the peace is guilty of a misfeasance in office, and, upon indictment and conviction, the circuit court shall remove him or her from office.
(d) No license granted by any city or town is a bar to any prosecution or conviction under a provision of this section or any excuse, protection, or justification for any justice of the peace or prosecuting attorney failing to carry out the same.

5-66-113. Games of hazard or skill - Betting.
(a) If a person bets any money or any valuable thing on any game of hazard or skill, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
(b) In prosecuting under subsection (a) of this section it is sufficient for the indictment to charge that the defendant bet money or another valuable thing on a game of hazard or skill, without stating with whom the game was played.

5-66-114. Sports or games - Transmission of information.
(a) (1) It is unlawful for any person, partnership, or corporation to receive or transmit information in the State of Arkansas relating to football, baseball, basketball, hockey, polo, tennis, horse racing, boxing, or any other sport or game for the purpose of gaming.
(2) This section does not apply to a radio station or newspaper disseminating such information as news, entertainment, or advertising medium.
(3) The provisions of this section do not apply to any commission conducting a legalized race meet within the State of Arkansas.

(b) Any teletype, telegraph ticker tape, or similar machine or device used in the transmitting or receiving of information relating to a game or sport as set out in subsection (a) of this section, that is used either directly or indirectly for the purpose of gaming, is defined and declared to be a "gaming device".
(c) Any person who violates a provision of this section and any teletype, telegraph ticker tape, or similar machine or device when used for gaming purposes, as defined in this section, is subject to the procedure and penalties as set out in 5-66-101 - 5-66-110, 5-66-112, 5-66-113, 5-66-116, and 5-66-118.

5-66-115. Sports or games - Bribery of participants.
(a) As used in this section:
(1) "Participant" means any:
(A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic player; (B) Boxer; (C) Jockey, driver, groom, or other person participating or expecting to participate in a horse race, including an owner of a race track or the owner's employee, steward, trainer, judge, starter, or special police officer; or (D) Manager, coach, or trainer of any sport team or participant or prospective participant in any sport team, sport game, or sport contest; and (2) "Sport" means any:
(A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic game or contest; (B) Boxing match; or (C) Horse race.

(b) It is unlawful for any person to give, promise, or offer to any participant in any sport any valuable thing with the purpose to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection.
(c) It is unlawful for any participant to solicit or accept any valuable thing to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection.
(d) Upon conviction, any person who violates this section is guilty of a Class D felony.

5-66-116. Horseracing - Betting.
(a) It is unlawful to directly or indirectly bet in this state, by selling or buying pools or otherwise, any money or other valuable thing, on any horse race of any kind whether had or run in this state or out of this state.

(b) (1) Upon conviction, a person who violates subsection (a) of this section is guilty of:
(A) A violation for the first offense and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00); (B) A violation for the second offense and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); and (C) An unclassified misdemeanor for all offenses after the second offense and shall be fined in any sum not more than five hundred dollars ($500) and imprisoned for a term of not less than thirty (30) days nor more than six (6) months.
(2) Every bet, wager, sale of pools, or purchase of pools is deemed a separate offense.
(c) It is the duty of circuit judges and prosecuting attorneys of this state, the grand juries and mayors of the cities and towns of this state, the police officers and marshals of the cities and towns, and the justices of the peace, sheriffs, and constables to enforce the provisions of this section when this section is violated in their presence or when the information of the violation is brought to their knowledge by affidavit or otherwise.
(d) If any sheriff, constable, or police officer refuses or neglects to immediately arrest and bring before some court of competent jurisdiction for trial any person who violates this section, when the knowledge of the violation is brought to his or her attention by the affidavit of any resident of the county where the offense is committed, the sheriff, constable, or police officer is deemed guilty of nonfeasance in office and upon conviction shall be fined in any sum not more than five hundred dollars ($500) and shall be removed from office.

5-66-117. Horseracing - Agency service wagering.
(a) (1) It is unlawful for any person, either for himself or herself or as agent or employee of another person, to place, offer, or agree to place, either in person or by messenger, telephone, or telegraph, a wager on behalf of another person, for a consideration paid or to be paid by or on behalf of the other person, on a thoroughbred horse race being conducted in or out of this state.
(2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony.
(b) It is a defense to prosecution under this section if a defendant can prove that his or her wager on behalf of another person was:
(1) Of a casual nature with no profit motive; and (2) Merely an accommodation to the other person.

5-66-118. Lottery, etc. - Tickets.
(a) Except as authorized under the Charitable Bingo and Raffles Enabling Act, 23-114-101 et seq., it is unlawful for a person to:
(1) Keep an office, room, or place for the sale or disposition of a lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device; (2) Vend, sell, or otherwise dispose of any lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device; (3) Possess any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device, except a lottery ticket issued in another state where a lottery is legal; or (4) Be interested, either directly or indirectly, in the sale or disposition of any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device.

(b) In any prosecution or investigation under this section, it is no exemption for a witness that his or her testimony may incriminate himself or herself, but no such testimony given by the witness shall be used against him or her in any prosecution except for perjury, and the witness is discharged from liability for any violation of the law upon his or her part disclosed by his or her testimony.

(c) (1) The General Assembly recognizes that:
(A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal; (B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and (C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful.
(2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful.
(B) Nothing contained in this section and 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.
(d) (1) Upon conviction, any person who violates this section is guilty of a violation and shall be fined an amount not to exceed ten thousand dollars ($10,000).
(2) A second or subsequent offense is a Class D felony.