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Current through Oct. 1, 2016

Massachusetts General Laws

Chapter 137: Section 1 Recovery of money or goods lost at gaming; limitation period

Section 1. Whoever, by playing at cards, dice or other game, or by betting on the sides or hands of those gaming, loses to a person so playing or betting money or goods, and pays or delivers the same or any part thereof to the winner, or whoever pays or delivers money or other thing of value to another person for or in consideration of a lottery, policy or pool ticket, certificate, check or slip, or for or in consideration of a chance of drawing or obtaining any money, prize or other thing of value in a lottery or policy game, pool or combination, or other bet, may recover such money or the value of such goods in contract; and if he does not within three months after such loss, payment or delivery, without covin or collusion, prosecute such action with effect, any other person may sue for and recover in tort treble the value thereof.

Chapter 137: Section 2 Liability of owner, tenant or occupant of gaming house

Section 2. The owner, tenant or occupant of a house or building where money or goods are lost, paid or delivered in any form of gaming referred to in the preceding section, or by betting on the sides or hands of those gaming, with the knowledge or consent of said owner, occupant or tenant, shall be liable in the same manner and to the same extent as the winner or receiver thereof is liable under the preceding section.

Chapter 137: Section 3 Validity of notes, bills, bonds, mortgages, securities or conveyances won by gaming

Section 3. Notes, bills, bonds, mortgages or other securities or conveyances the whole or part of the consideration of which is money or goods won by gaming or playing at cards, dice or any other game, or by betting on the sides or hands of persons gaming, or for repaying or reimbursing money knowingly lent or advanced for gaming or betting, or lent and advanced at the time and place of such gaming or betting to a person so gaming or betting, shall be void as between the parties thereto, and as to all persons except such as hold or claim under them in good faith and without notice of the illegality of the consideration.

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Chapter 4: Section 7. Definitions

Tenth, "Gaming", "illegal gaming" or "unlawful gaming" shall include every act punishable under any law relative to lotteries, policy lotteries or policy, the buying and selling of pools or registering of bets.

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Chapter 194: AN ACT ESTABLISHING EXPANDED GAMING IN THE COMMONWEALTH,

See https://malegislature.gov/Laws/SessionLaws/Acts/2011/Chapter194

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Chapter 271: Section 1. Gaming or betting; forfeiture; limitations.

Section 1. Whoever, on a prosecution commenced within eighteen months after the commission of the crime, is convicted of winning at one time or sitting, by gaming or betting on the sides or hands of those gaming, money or goods to the value of five dollars or more, and of receiving the same or security therefor, shall forfeit double the value of such money or goods.

Chapter 271: Section 2 Gaming or betting in public conveyance or place or while trespassing in private place; arrest without warrant

Section 2 . Whoever, in a public conveyance or public place, or in a private place upon which he is trespassing, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, shall forfeit not more than fifty dollars or be imprisoned for not more than three months; and whoever sets up or permits such a game shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not less than three nor more than twelve months. If discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until complaint may be made against him for such offence.

Chapter 271: Section 3 Innholders and others keeping or suffering implements to be used for gaming

Section 3. Every innholder, common victualler or person keeping or suffering to be kept in any place occupied by him implements such as are used in gaming, in order that the same may for hire, gain or reward be used for amusement, who suffers implements of such kind to be used upon any part of such premises for gaming for money or other property, or who suffers a person to play at an unlawful game or sport therein, shall for the first offence forfeit not more than one hundred dollars or be imprisoned for not more than three months; and for a subsequent offence shall be imprisoned for not more than one year. In either case he shall further recognize with sufficient sureties in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against any of the provisions of sections one to six, inclusive, for three years from the date of the recognizance.

Chapter 271: Section 4 Gaming in inns and other occupied places; use of billiard table, bowling alley or other implement for gaming

Section 4. Whoever, in any place mentioned in the preceding section, for the purpose of gaming for money or other property, uses or takes part in using a billiard table, bowling alley or other implement of gaming, or there plays at an unlawful game or sport, or, for the purpose of such gaming, uses or takes part in using a billiard table or bowling alley kept by a person licensed under chapter one hundred and forty, shall forfeit not more than fifty dollars.

Chapter 271: Section 5 Gaming, lottery, pool or betting houses; tables or apparatus for gaming

Section 5. Whoever keeps or assists in keeping a common gaming house, or building or place occupied, used or kept for the purposes described in section twenty-three, or is found playing or present as provided in said section, or commonly keeps or suffers to be kept, in a building or place actually used and occupied by him, tables or other apparatus for the purpose of playing at an unlawful game or sport for money or any other valuable thing, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months.

Chapter 271: Section 5A Gambling devices; forfeiture; antique slot machines

Section 5A. Whoever manufactures, transports, sells, offers for sale, stores, displays, repairs, reconditions, possesses or uses any gambling device or parts for use therein shall be punished by a fine of not more than five thousand dollars; provided, however, that fifty percent of the said fine shall be remitted to the city or town in which the violation occurred. The remaining fifty percent shall be remitted to the general fund of the commonwealth. As used in this section, the term "gambling device" means any so called "slot machine" or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and which, when operated, may deal, as a result of the application of an element of chance, any money or property; or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or any sub-assembly or essential part intended to be used in connection with any such machine or mechanical device. Any gambling device or parts for use therein manufactured, transported, sold, offered for sale, stored, displayed, repaired, reconditioned, possessed or used in violation of this section shall be seized and be forfeited to the commonwealth and disposed of in the manner provided under the provisions of chapter two hundred and seventy-six. In respect to their constitutionality, the provisions of this section are hereby declared to be separable.

It shall be a defense to any prosecution under this section to show that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, a slot machine shall be presumed to be an antique slot machine, if it was manufactured at least thirty years prior to either the arrest of the defendant, or seizure of the machine

Chapter 271: Section 6 Gaming relative to cattle shows, military muster or public gathering; arrest without warrant

Section 6. Whoever, during or within twelve hours of the time of holding a cattle show, military muster or public gathering, within one mile of the place thereof, practices or engages in any gambling or unlawful game, shall forfeit not more than twenty dollars. If discovered in the act, he may be arrested without a warrant by any sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until a complaint may be made against him for such offence.
Chapter 271: Section 6A. Plans under which purchasers agree to obtain more purchasers; injunction; receivers

Chapter 271: Section 6A Plans under which purchasers agree to obtain more purchasers; injunction; receivers

Whoever sets up or promotes a plan by which goods or anything of value is sold to a person for a consideration and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by respectively making a similar purchase or purchases and in turn agreeing to secure one or more persons likewise to join in the said plan, each purchaser being given the right to secure money, credits, goods or something of value, depending upon the number of persons joining in the plan, shall be held to have set up and promoted a lottery and shall be punished as provided in section seven. The supreme judicial court shall have jurisdiction in equity upon a petition filed by the attorney general to enjoin the further prosecution of any such plan and to appoint receivers to secure and distribute the assets received thereunder.

Chapter 271: Section 6B Skilo and similar games

Section 6B. Whoever, except as provided in section twenty-two B, sets up or promotes the game commonly known as skilo or any similar game regardless of name, shall be held to have set up and promoted a lottery and shall be punished as provided in section seven.

Chapter 271: Section 7 Lotteries; disposal of property by chance

Section 7. Whoever sets up or promotes a lottery for money or other property of value, or by way of lottery disposes of any property of value, or under the pretext of a sale, gift or delivery of other property or of any right, privilege or thing whatever disposes of or offers or attempts to dispose of any property, with intent to make the disposal thereof dependent upon or connected with chance by lot, dice, numbers, game, hazard or other gambling device, whereby such chance or device is made an additional inducement to the disposal or sale of said property, and whoever aids either by printing or writing, or is in any way concerned, in the setting up, managing or drawing of such lottery, or in such disposal or offer or attempt to dispose of property by such chance or device, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years.

Chapter 271: Section 7A Raffles and bazaars; conduct by certain organizations

Section 7A. In this section the following words shall have the following meanings:

"Raffle", an arrangement for raising money by the sale of tickets, certain among which, as determined by chance after the sale, entitle the holders to prizes.

"Bazaar", a place maintained by the sponsoring organization for disposal by means of chance of one or both of the following types of prizes: (1) merchandise, of any value, (2) cash awards, not to exceed twenty-five dollars each.

Notwithstanding any other provisions of law, raffles and bazaars may be promoted, operated and conducted under permits issued in accordance with the provisions of this section.

No organization, society, church or club which conducts a raffle or bazaar under the provisions of this section shall be deemed to have set up and promoted a lottery and nothing in this chapter shall authorize the prosecution, arrest or conviction of any person connected with the operation of any such raffle or bazaar; provided, however, that nothing contained in this section shall be construed as permitting the game commonly known as ""beano" or any similar game regardless of name.

No raffle or bazaar shall be promoted, operated or conducted by any person or organization, unless the same is sponsored and conducted exclusively by (a) a veterans' organization chartered by the Congress of the United States or included in clause (12) of section five of chapter forty of the General Laws; (b) a church or religious organization; (c) a fraternal or fraternal benefit society; (d) an educational or charitable organization; (e) a civic or service club or organization; and (f) clubs or organizations organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any member or shareholder. Such organization shall have been organized and actively functioning as a nonprofit organization in the commonwealth for a period of not less than two years before it may apply for a permit. The promotion and operation of the raffle or bazaar shall be confined solely to the qualified members of the sponsoring organization and no such member shall receive remuneration in any form for time or effort devoted to the promotion or operation of such raffle or bazaar. All funds derived from any raffle or bazaar shall be used exclusively for the purposes stated in the application of the sponsoring organization which purposes shall be limited to educational, charitable, religious, fraternal or civic purposes or for veterans' benefits. An organization which meets the qualifications required by this section and which desires to conduct or operate a raffle or bazaar within the commonwealth shall apply for a permit to conduct raffles and bazaars from the clerk of the city or town in which the raffle will be drawn or the bazaar held. The application form shall be approved by the commissioner of public safety and shall include the name and address of the applicant, the evidence on which the applicant relies in order to qualify under this section, the names of three officers or members of the organization who shall be responsible for the operation of the raffle or bazaar, and the uses to which the net proceeds will be applied. Unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, a fee of ten dollars shall accompany each such application and shall be retained by the city or town, but in no event shall any such fee be greater than fifty dollars. Upon receipt of such application, the clerk shall determine whether it is in conformity with this section. If the clerk so determines, he shall forward the application to the chief of police of the city or town, who shall determine whether the applicant is qualified to operate raffles and bazaars under this section. If the chief of police so determines, he shall endorse the application and return it to the clerk, who shall forthwith issue a permit, which shall be valid for one year from the date of its issuance. The clerk shall retain a copy of the application and shall send a copy to the commissioner of public safety. If there is any change in the facts set forth in the application for a permit subsequent to the making of such application, the applicant shall forthwith notify the authority granting such permit of such change, and such authority shall issue such permit if the applicant is qualified, or, if a permit has already been issued and the change in the facts set forth in the application disqualify the applicant revoke such permit.

If an application is not acted upon within thirty days after it is submitted, or if the organization is refused a permit, or if a permit is revoked, any person named on the application may obtain judicial review of such refusal or revocation by filing within ten days of such refusal or revocation or within ten days of the expiration of such thirty day period a petition for review in the district court having jurisdiction in the city or town in which such application was filed. A justice of said court, after a hearing, may direct that such permit be issued, if he is satisfied that there was no reasonable ground for refusing such permit, and that the applicant was not prohibited by law from holding raffles or bazaars.

An organization issued a permit under this section shall within thirty days of the expiration of its permit submit a report on a form to be approved by the commissioner of public safety. Such form shall require information concerning the number of raffles and bazaars held, the amount of money received, the expenses connected with the raffle or bazaar, the names of the winners of prizes exceeding twenty-five dollars in value, the net proceeds of the raffles and bazaars, and the uses to which the net proceeds were applied. The organization shall maintain and keep such books and records as may be necessary to substantiate the particulars of such report, which books and records shall be preserved for at least one year from the date of such report and shall be available for inspection. Such report shall be certified to by the three persons designated in the permit application as being responsible for such raffle or bazaar and by an accountant. Two copies of said report shall be filed with city or town clerk. The clerk shall send one copy to the commissioner of public safety. Failure to file said report shall constitute sufficient grounds for refusal to renew a permit to conduct raffles or bazaars. The fee for renewal of such permit shall be ten dollars.

The authority granting any permit under this section shall immediately revoke the same for a violation of any provision of this section and shall not issue any permit to such permittee within three years from the date of such violation. Any person aggrieved by the action of such authority revoking such permit may appeal to the district court having jurisdiction in the city or town where the permit was issued; provided that such appeal shall be filed in such court within twenty days following receipt of notification by said authority. The court shall hear all pertinent evidence and determine the facts and upon the facts so determined annul such action or make such decision as equity may require. The foregoing remedy shall be exclusive.

Any organization conducting or operating a raffle or bazaar under this section shall file a return with the state lottery commission, on a form prepared by it, within ten days after the raffle or bazaar is held and shall pay therewith a tax of five per cent of the gross proceeds derived from such raffle or bazaar.

All sums received by said commission from the tax imposed by this section as taxes, interest thereon, fees, penalties, forfeitures, costs of suits or fines, less all amounts refunded thereon, together with any interest or costs paid on account of such refunds, shall be paid into the treasury of the commonwealth.

Whoever violates any provision of this section or submits false information on an application or report required under this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than one year, or both.

No person who prints or produces tickets, cards or any similar article used in the conduct of a bazaar or raffle pursuant to a permit issued under the provisions of this section shall be subject to any penalty therefor, provided that a certified copy of such permit was presented to him prior to his undertaking to print or produce such tickets or cards.

No organization issued a permit under this section shall conduct more than three bazaars in any single calendar year nor shall such organization conduct more than one bazaar in any single calendar day. The operation of a bazaar shall be limited to five consecutive hours.

Chapter 271: Section 8 Permitting lotteries, raffles and games of chance in buildings

Section 8. Whoever, in a house, shop or building owned or occupied by him or under his control, knowingly permits the setting up, managing or drawing of such lottery, or such disposal or attempt to dispose of property, or the sale of a lottery ticket or share of a ticket, or any other writing, certificate, bill, token or other device purporting or intended to entitle the holder, bearer or any other person to a prize or to a share of or interest in a prize to be drawn in a lottery, or in such disposal of property, and whoever knowingly suffers money or other property to be raffled for in such house, shop or building, or to be won there by throwing or using dice or by any other game of chance, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.

Chapter 271: Section 9 Lottery tickets; sale, or possession

Section 9. Whoever, for himself or for another, sells or offers for sale or has in his possession with intent to sell or offer for sale, or to exchange or negotiate, or aids or assists in the selling, exchanging, negotiating or disposing of a ticket in such lottery, or a share of a ticket, or any such writing, certificate, bill, token or other device, or a share or right in such disposal or offer, as is mentioned in section seven, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.

Chapter 271: Section 10 Subsequent offenses within five years of conviction

Section 10. Whoever, within five years after being convicted of any offence mentioned in section five, seven, eight, nine, eleven, fifteen, sixteen, seventeen or seventeen A, commits the like offence, or any other of the offences therein mentioned, shall, in addition to the fine therein provided, be punished by imprisonment for not less than three months nor more than one year, and the sentence imposing such fine and such imprisonment shall not be suspended.

Chapter 271: Section 10A Arrest without warrant

Section 10A. Any person who is discovered by a police officer in the act of violating section seven, eight, nine, twelve, sixteen, seventeen, seventeen A, eighteen or twenty-two, while such officer is lawfully at or within the place where such violation occurred, may be arrested without a warrant by such police officer, and held in custody, in jail or otherwise, until a complaint be made against him for such offense, unless previously admitted to bail, which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.

Chapter 271: Section 11 Lottery tickets; advertising

Section 11. Whoever, himself or by another, advertises a lottery ticket or a share in such ticket for sale, or sets up or exhibits, or devises or makes for the purpose of being set up or exhibited, any sign, symbol or emblematic or other representation of a lottery or the drawing thereof, in any way indicating where a lottery ticket or a share thereof or such writing, certificate, bill, token or other device before mentioned may be obtained, or in any way invites or entices, or attempts to invite or entice, any other person to purchase or receive the same, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.

Chapter 271: Section 12 False lottery tickets; creation, sale, or possession

Section 12. Whoever makes or sells, or has in his possession with intent to sell, exchange or negotiate, or by printing, writing or otherwise assists in making or selling, or in attempting to sell, exchange or negotiate, a false or fictitious lottery ticket, or any share thereof, or any writing, certificate, bill, token or other device before mentioned, or any ticket or share thereof in a fictitious or pretended lottery, knowing the same to be false or fictitious, or receives any money or other thing of value for such ticket or share of a ticket, writing, certificate, bill, token or other device purporting that the owner, bearer or holder thereof shall be entitled to receive any prize, or share of a prize, or other thing of value, that may be drawn in a lottery, knowing the same to be false or fictitious, shall be punished by imprisonment in the state prison for not more than three years.

Chapter 271: Section 13 Lottery tickets, tokens or shares deemed false

Section 13. Upon the trial of a person charged with any of the crimes mentioned in the preceding section, a ticket or share of a ticket, or other writing or thing before mentioned, which the defendant has sold or offered for sale, or for which he has received a valuable consideration, shall be deemed false, spurious or fictitious, unless the defendant proves that the same was true and genuine, duly issued by the authority of some legislature within the United States, that such lottery was existing and undrawn and that such ticket or share thereof, or other writing or thing before mentioned, was issued by lawful authority and is binding upon the person who issued the same.

Chapter 271: Section 14 Forfeiture of money, prizes, or other property disposed of by chance; recovery

Section 14. Money or other thing of value drawn as a prize or share thereof in a lottery, and all property disposed of or offered to be disposed of by chance or device under the pretext mentioned in section seven, by an inhabitant of or a resident within the commonwealth, and all money or other thing of value received by such person by reason of his being the owner or holder of a ticket or share of a ticket in a lottery or pretended lottery, or of a share or right in any such scheme of chance or such device, contrary to this chapter, shall be forfeited, and may be recovered by an information filed or by an action for money had and received brought by the attorney general or a district attorney in the name and on behalf of the commonwealth.

Chapter 271: Section 15 Lottery for money drawn out of commonwealth; aiding or promoting

Section 15. Whoever, except as provided in section five of chapter one hundred and twenty-eight A, aids, either by printing or writing, or is in any way concerned in setting up, promoting, managing or drawing a lottery for money, set up, promoted, managed, or drawn out of the commonwealth, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.

Chapter 271: Section 16 Tickets of lottery described in section 15; sale or possession

Section 16. Whoever sells, for himself or another, or offers for sale or has in his possession with intent so to do or to exchange or negotiate, or aids or assists in selling, negotiating, exchanging or disposing of a ticket, or a share of a ticket, in a lottery described in the preceding section, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.

Chapter 271: Section 16A. Organizing or promoting gambling facilities or services.

Section 16A. Whoever knowingly organizes, supervises, manages or finances at least four persons so that such persons may provide facilities or services or assist in the provision of facilities or services for the conduct of illegal lotteries, or for the illegal registration of bets or the illegal buying or selling of pools upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the happening of any event, or upon the result of a game, competition, political nomination, appointment or election, or whoever knowingly receives from at least four such persons compensation or payment in any form as a return from such lotteries, such registration or such buying or selling shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. As used in this section the word "persons" shall not include bettors or wagerers who merely avail themselves of such facilities or services for the purpose of making a bet or wager and do not otherwise provide or assist in the provision of such facilities or services. This section shall not apply to such bettors or wagerers.

Chapter 271: Section 17 Place for registering bets or dealing in pools; owner or occupant; custodian or depository

Section 17. Whoever keeps a building or room, or any part thereof, or occupies, or is found in, any place, way, public or private, park or parkway, or any open space, public or private, or any portion thereof, with apparatus, books or any device, for registering bets, or buying or selling pools, upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the result of a game, competition, political nomination, appointment or election, or whoever is present in such place, way, park or parkway, or any such open space, or any portion thereof, engaged in such business or employment; or, being such keeper, occupant, person found or person present, as aforesaid, registers such bets, or buys or sells such pools, or is concerned in buying or selling the same; or, being the owner, lessee or occupant of a building or room, or part thereof, or private grounds, knowingly permits the same to be used or occupied for any such purpose, or therein keeps, exhibits, uses or employs, or knowingly permits to be therein kept, exhibited, used or employed, any device or apparatus for registering such bets, or for buying or selling such pools, or whoever becomes the custodian or depository for hire, reward, commission or compensation in any manner, of any pools, money, property or thing of value, in any manner staked or bet upon such result, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years.

Chapter 271: Section 17A Telephones; use for gaming purposes

Chapter 271: Section 17A Telephones; use for gaming purposes

[Text of section effective until December 31, 2009. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12 and 2006, 449, Secs. 19 and 21. For text effective December 31, 2009, see below.]

Section 17A. Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year; provided, however, that this section shall not apply to use of telephones or other devices or means to place wagers authorized pursuant to the provisions of section 5C of chapter 128A.

Chapter 271: Section 17A. Telephones; use for gaming purposes

[Text of section effective December 31, 2009 . See 2001, 139, Sec. 28 and 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12 and 2006, 449, Secs. 19 and 21. For text effective until December 31, 2009, see above.]

Section 17A. Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.

Chapter 271: Section 17B Use of public communications for unlawful purposes; demand of records

Whenever the attorney general or a district attorney has reasonable grounds for belief that the service of a common carrier, subject to the jurisdiction of the department of telecommunications and cable or the department of public utilities, furnished to a person or to a location, is being or may be used for an unlawful purpose he may, acting within his jurisdiction, demand all the records in the possession of such common carrier relating to any such service. Such common carrier shall forthwith deliver to the attorney general or district attorney all the records so demanded. No such common carrier or employee shall be civilly or criminally responsible for furnishing any records or information in compliance with said demand.

Chapter 271: Section 17B. Use of electronic communications records in ongoing criminal investigations; subpoena of records

[Text of section as amended by 2008, 205, Sec. 3 effective October 22, 2008. For text effective until October 22, 2008, see above.]

Section 17B. Except as otherwise prohibited under section 2703 of Title 18 of the United States Code, whenever the attorney general or a district attorney has reasonable grounds to believe that records in the possession of: (i) a common carrier subject to the jurisdiction of the department of telecommunications and cable, as provided in paragraph (d) of section 12 of chapter 159; or (ii) a provider of electronic communication service as defined in subparagraph (15) of section 2510 of Title 18 of the United States Code; or (iii) a provider of remote computing service as defined in section 2711 of Title 18 of the United States Code, are relevant and material to an ongoing criminal investigation, the attorney general or district attorney may issue an administrative subpoena demanding all such records in the possession of such common carrier or service, and such records shall be delivered to the attorney general or district attorney within 14 days of receipt of the subpoena. No such common carrier or service, or employee thereof, shall be civilly or criminally responsible for furnishing any records or information in compliance with such demand. Nothing in this section shall limit the right of the attorney general or a district attorney to otherwise obtain records from such a common carrier or service pursuant to a search warrant, a court order or a grand jury or trial subpoena.
No subpoena issued pursuant to this section shall demand records that disclose the content of electronic communications or subscriber account records disclosing internet locations which have been accessed including, but not limited to, websites, chat channels and newsgroups, but excluding servers used to initially access the internet. No recipient of a subpoena issued pursuant to this section shall provide any such content or records accessed, in response to such subpoena.

Chapter 271: Section 18 Policy lotteries or shops; production, sale or possession of lottery tickets or tokens

Section 18. Whoever keeps, sets up, promotes or is concerned as owner, agent, clerk or in any other manner, in managing a policy lottery or policy shop, or writes, prints, sells, transfers or delivers a ticket, certificate, slip, bill, token or other device, purporting or designed to guarantee or assure to a person, or to entitle him to a chance of drawing or obtaining a prize or thing of value in a lottery or in the game or device commonly known as policy lottery or policy, whether drawn or determined, or remaining to be drawn or determined, or who receives from a person any money or other thing of value for such article or chance; or for himself or another writes, prints, sells, transfers or delivers or has in his possession for the purpose of sale, transfer or delivery, or in any way aids in selling, exchanging, negotiating, transferring or delivering a chance or ticket in a lottery, or in the game or device commonly known as policy lottery or policy, whether drawn or to be drawn, or any such bill, slip, certificate, token or other device, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.

Chapter 271: Section 19 Production, advertisement or delivery of tickets; receipt of money; prima facie evidence

Section 19. The printing, writing, advertising, issuing or delivery of any ticket, paper, document or other article or material representing or purporting to represent the existence of or any chance or interest in any lottery, policy lottery or policy game, pool or pools, registered or other bet or other game or hazard, whether drawn or determined, or remaining to be drawn or determined, or the receiving of money or other thing of value for such article or chance, shall be prima facie evidence of the existence, location and drawing of such lottery, policy lottery or policy game, and of the act or event upon which such pool or pools, bet, game or hazard depends or may depend, and of the unlawful character of such lottery, policy lottery, pool, bet, game or hazard, and the issuing or delivery of such ticket, paper, document or other article or material shall be prima facie evidence of value received therefor by the person, company or corporation issuing or delivering the same, or aiding or abetting therein, and that such person, company or corporation is concerned in keeping, managing or promoting such lottery, pool, bet, game or hazard.

Chapter 271: Section 20 Tickets, memoranda, books and sheets; nuisance; possession; concealment

Section 20. All lottery, policy or pool tickets, slips or checks, memoranda of any combination or other bet, manifold or other policy or pool books or sheets, are hereby declared a common nuisance and the possession thereof unlawful; and the possession of any such article, or of any other implements, apparatus or materials of any other form of gaming, shall be prima facie evidence of their use, by the person having them in possession, in the form of gaming in which like articles are commonly used. Any such article found upon the person of one lawfully arrested for violation of any law relative to lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets or other form of gaming shall be competent evidence upon the trial of a complaint or indictment to which it may be relevant. If a person so arrested in a building or structure or part thereof conceals or attempts to conceal such articles upon his person or elsewhere, the possession and concealment or attempt at concealment thereof shall be prima facie evidence that the place in which the same occurs is kept, maintained, used or occupied for the form of gaming in which like articles are commonly used.

Chapter 271: Section 21 Words, figures or characters referring to game or contest; prima facie evidence; proof

Section 21. In a prosecution or proceeding relative to lotteries, policy lotteries or policy, buying and selling pools or registered bets, any words, figures or characters, written, printed or exposed upon a blackboard, placard or otherwise, in a place alleged to be used or occupied for such business, purporting or appearing to be a name of a horse or jockey, or a description of or reference to a trial or contest of skill, speed or endurance of man, beast, bird or machine, or game, competition, political nomination, appointment or election, or other act or event, or any odds, bet, combination bet or other stake or wager, or any code, cipher or substitute therefor, shall be prima facie evidence of the existence of the race, game, contest or other act or event so purporting or appearing to be referred to, and that such place is kept or occupied for gaming; and in all cases the same may be proved by a copy or by oral description thereof.

Chapter 271: Section 22 Delivery to or from a person engaged in a lottery or other gaming

Section 22. Whoever receives a letter, package or parcel for delivery to or transportation from a person, or delivers or transports the same to or from a person, having reasonable cause to believe that such person is engaged or in any way concerned in the management or promotion of or agency for a lottery, or the game known as policy lottery or policy, or the buying or selling of pools or registering of bets, or other form of gaming, and that such letter, package or parcel has relation to such business, shall be punished by a fine of not less than fifty nor more than five hundred dollars; but this section shall not apply to the receipt, carriage or delivery of United States mail matter by an officer or employee thereof.

Chapter 271: Section 22A Whist or bridge for charitable and similar purposes

Section 22A. Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for conducting or promoting, or for allowing to be conducted or promoted, a game of cards commonly called whist or bridge, in connection with which prizes are offered to be won by chance; provided, that the entire proceeds of the charges for admission to such game are donated solely to charitable, civic, educational, fraternal or religious purposes.

Chapter 271: Section 22B Beano; sale of lottery tickets

Section 22B. Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for promoting or playing, or for allowing to be conducted, promoted or played, the game commonly called beano, or substantially the same game under another name in connection with which prizes are offered to be won by chance or for selling lottery tickets or shares; provided, said game or sales are conducted under a license issued by the director of the state lottery, under the provisions of sections thirty-seven or thirty-eight of chapter ten.

Chapter 271: Section 23 Oath and warrant to enter gaming or lottery place, arrest persons and seize implements and materials; disposal of articles

Section 23. If a person makes oath before a district court or justice of the peace authorized to issue warrants in criminal cases that he suspects or has probable cause to suspect that a house or other building, room or place is used as and for a common gaming house, for gaming for money or other property, or is occupied, used or kept for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act or event, and that persons resort thereto for any such purpose, such court or justice, whether the names of the persons last mentioned are known to the complainant or not, shall, if satisfactory evidence is presented, issue a warrant commanding the sheriff or his deputy or any constable or police officer to enter such house, building, room or place, and to arrest the keepers thereof, all persons in any way assisting in keeping the same, whether as janitor, doorkeeper, watchman or otherwise, all persons who are there found participating in any form of gaming and all persons present whether so participating or not, if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus or materials of any form of gaming are found in said place, and to take into their custody all the implements, apparatus or materials of gaming, as aforesaid, and all the personal property, including money, furniture and fixtures there found, and to keep said persons, implements, apparatus or materials, property, including money, furniture and fixtures so that they may be forthcoming before some court or magistrate to be dealt with according to law. The provisions of chapter two hundred and seventy-six relative to disposal of gaming articles seized upon search warrants shall apply to all articles and property seized as herein provided for.

Chapter 271: Section 24 Race tracks; owners, proprietors of, or persons present

Section 24. This chapter shall not authorize the arrest or conviction of the owner or proprietor of a race track or trotting course for the reason that another person has without his knowledge or consent violated any of its provisions relative to the buying and selling of pools or the registering or making of bets or to any offence mentioned in the preceding section; nor the arrest or conviction of a person for being present on a race track or trotting course where pools are sold or bets registered or made on trials of speed or endurance between horses or other animals; but this exception shall not apply to a person in any way participating or assisting in the buying or selling of pools or registering of bets.

Chapter 271: Section 25 Obstructions barring access to gaming places; removal; lien of expenses

Section 25. If a captain of police in Boston or marshal or chief of police in any other city or town in the commonwealth finds that access to any building, apartment or place which he has reasonable cause to believe is resorted to for the purpose of unlawful gaming is barred by any obstruction, such as a door, window, shutter, screen, bar or grating of unusual strength, other than what is usual in ordinary places of business, or any unnecessary number of doors, windows or obstructions, he shall order the same removed by the owner or agent of the building where such obstruction exists, and if any of said officers cannot find either of the persons mentioned, so as to make personal service, said notice shall be posted upon the outside of the apartments and on the outside of said building, and upon the neglect to remove such obstruction for seven days from the date of said order or posting of said notices, any of said officers shall cause such obstruction to be removed from such building, and the expense of such removal shall be a lien on said building and be collected by the officer removing such obstruction, in the manner in which a mechanic's lien is collected.

Chapter 271: Section 26 Subsequent obstructions; removal; punishment; lien

Section 26. If, within one year after removal of said obstruction, the premises are again obstructed as above defined, the captain of police or marshal or chief of police shall have the same power of removal as provided in the preceding section, and in addition the owner or agent when such second order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than two hundred and fifty nor more than five hundred dollars, and the amount of said fine shall be a lien upon said building and be collected in like manner as provided in the preceding section. And for every subsequent obstruction as above defined, at any time within two years of the giving of the second notice, as above provided, said officers shall have the same powers as provided in the preceding section for removing the obstructions, and the owner or agent at the time such third or subsequent order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than five hundred nor more than one thousand dollars or may be punished by imprisonment for one year, and the amount of said fine shall be a lien upon the said building, and shall be collected in like manner as above provided. Obstructions as above defined, erected more than two years after the giving of the notice of the third offence, shall be construed to be a first offence under this section.

Chapter 271: Section 27 Judicial notice of methods and character of lotteries, policy games, pools and betting; prima facie evidence

Section 27. Any court or magistrate having criminal jurisdiction may take judicial notice of the general methods and character of lotteries, policy lotteries or the game called policy, pools or combination bets, and the buying and selling of pools and registering of bets. In the trial of a complaint or indictment to which it may be relevant, any lottery, policy or pool ticket, certificate, slip or check, manifold or other policy or pool book or sheet, or memorandum of any pool or sale of pools, or of a bet or odds, or combination bet, or any other implement, apparatus, materials or articles of a character commonly employed in or in connection with lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets, or other form of gaming, shall be prima facie evidence of the existence and unlawful character of a lottery, policy lottery or game, pool or pools, bet, game or hazard, or other form of gaming in which like articles are commonly used, and that such article has relation thereto.

Chapter 271: Section 28 Lotteries or gaming; complaints and indictments

Section 28. No plea of misnomer shall be received to a complaint or indictment for violation of any law relative to lotteries, policy lotteries or policy, the selling of pools or registering of bets, or any form of gaming; but the defendant may be arraigned, tried, sentenced and punished under any name by which he is complained of or indicted. No such complaint or indictment shall be abated, quashed or held insufficient by reason of any alleged defect, either of form or substance, if the same is sufficient to enable the defendant to understand the charge and to prepare his defence. No variance between such complaint or indictment and the evidence shall be deemed material, unless in some matter of substance essential to the charge under the rule above prescribed.

Chapter 271: Section 31 Racing horses for bets or stakes

Section 31. Whoever, except in trials of speed of horses for premiums offered by legally constituted agricultural societies, or by corporations authorized thereto by section fourteen of chapter one hundred and eighty, engages in racing, running, trotting or pacing a horse or other animal of the horse kind for a bet, wager of money or other thing of value or a purse or stake made within the commonwealth, or whoever aids or abets therein, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.

Chapter 271: Section 31A Racing results or information; transmission for unlawful purposes

Section 31A. Whoever transmits the results of a race, or information as to the progress of a race during the running thereof, in a racing meeting as defined in section one of chapter one hundred and twenty-eight A, by any means to another knowing that such results or information is to be used or intended to be used for unlawful purposes or in furtherance of unlawful gambling, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.

This section shall not be construed as prohibiting a newspaper from printing such results for publication as news, or a television or radio station from telecasting or broadcasting such results or information as news.

Chapter 271: Section 32 Horse racing; fraud

Section 32. Whoever, for the purpose of competing for a purse or premium offered by an agricultural society, or by a person or association in the commonwealth, knowingly and designedly enters or drives a horse that is painted or disguised, or is a different horse from the one that purports to be entered or driven, or knowingly and designedly, for the purpose of competing for a premium or purse, enters or drives a horse in a class to which it does not belong, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.

Chapter 271: Section 42 Boxing matches or exhibitions; betting or selling pools

Section 42. Whoever bets or wagers or sells pools on any boxing or sparring match or exhibition shall be punished by imprisonment for not less than three months or by a fine of not less than fifty dollars, or both.

Chapter 271: Section 47 Telephones; gambling convictions; approval for installation; notices of convictions and removals

Section 47. A telephone shall not be installed for a person convicted of an illegal gaming activity under this chapter without the approval in writing of the head of both the police department of the municipality in which such telephone would be installed and the head of the criminal information section of the state police, and a telephone shall not be reinstalled without such approval for a period of one year from the date of removal in any premises from which it has been removed for such illegal activity, whether or not there has been a conviction. The criminal information section shall notify the telephone companies of convictions in such cases, and telephone companies doing business in the commonwealth shall notify the criminal information section of the state police of any such removals.

Chapter 271: Section 16A. Organizing or promoting gambling facilities or services.

Section 16A . Whoever knowingly organizes, supervises, manages or finances at least four persons so that such persons may provide facilities or services or assist in the provision of facilities or services for the conduct of illegal lotteries, or for the illegal registration of bets or the illegal buying or selling of pools upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the happening of any event, or upon the result of a game, competition, political nomination, appointment or election, or whoever knowingly receives from at least four such persons  compensation or payment in any form as a return from such lotteries, such registration or such buying or selling shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. As used in this section the word "persons" shall not include bettors or wagerers who merely avail themselves of such facilities or services for the purpose of making a bet or wager and do not otherwise provide or assist in the provision of such facilities or services. This section shall not apply to such bettors or wagerers.