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Current through Sep. 1, 2014

Utah Constitution

ARTICLE VI. LEGISLATIVE DEPARTMENT s 27
[Games of chance not authorized.]

Utah has passed legislation to opt out of any future federal legislation authorizing online gambling.

The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose.

Utah Code

76-2-202.   Criminal responsibility for direct commission of offense or for conduct of another.

Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable as a party for such conduct.

76-10-1101.   Definitions.

For the purpose of this part:

(1) (a) "Fringe gambling" means any gambling, lottery, or video gaming device which is:
(i) given, conducted, or offered for use or sale by a business in exchange for anything of value; or (ii) given away incident to the purchase of other goods or services.
(b) "Fringe gambling" does not include a gambling, lottery, video gaming device, or other promotional activity which is clearly occasional and ancillary to the primary activity of the business.

(2) (a) "Gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome:
(i) is based upon an element of chance; and (ii) is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.
(b) "Gambling" includes a lottery and fringe gambling.
(c) "Gambling" does not include:
(i) a lawful business transaction; or (ii) playing an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.

(3) "Gambling bet" means money, checks, credit, or any other representation of value.

(4) "Gambling device or record" means anything specifically designed for use in gambling or used primarily for gambling.

(5) "Gambling proceeds" means anything of value used in gambling.

(6) "Lottery" means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known.

(7) "Video gaming device" means any device that possesses all of the following characteristics:
(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 requires inserting money, tokens, or other valuable consideration in order to function.

76-10-1102.   Gambling.

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

(a) participates in gambling;

(b) knowingly permits any 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, provided, however, that any person who is twice convicted under this section shall be guilty of a class A misdemeanor.

76-10-1103.   Gambling fraud.

(1) A person is guilty of gambling fraud if he participates in gambling and wins or acquires to himself or another any gambling proceeds when he knows he has a lesser risk of losing or greater chance of winning than one or more of the other participants, and the risk is not known to all participants.

(2) A person convicted of gambling fraud shall be punished as in the case of theft of property of like value.

76-10-1104.   Gambling promotion.

(1) A person is guilty of gambling promotion if he derives or intends to derive an economic benefit other than personal winnings from gambling and:

(a) he induces or aids another to engage in gambling; or

(b) he knowingly invests in, finances, owns, controls, supervises, manages, or participates in any gambling.

(2) Gambling promotion is a class B misdemeanor, provided, however that any person who is twice convicted under this section shall be guilty of a felony of the third degree.

76-10-1104.5.   Advertisement or solicitation for participation in lotteries -- Void in Utah.

(1) For purposes of this section:

(a) "Conspicuously printed" means printed in either larger or bolder type size than the adjacent and surrounding material so as to be clearly legible to any person viewing the print.

(b) "Lottery" means the same as defined in Section 76-10-1101

(2) It is unlawful for any person to distribute or disseminate any advertisement or other written or printed material containing an advertisement or solicitation for participation in any lottery unless the advertisement or solicitation contains or includes the words "Void in Utah" conspicuously printed.

(3) (a) Any person who is convicted of violating Subsection (2) shall be fined the sum of $2,500.

(b) Any person who is twice or more convicted under this section shall be fined the sum of $10,000.

76-10-1105.   Possessing a gambling device or record.

(1) A person is guilty of possessing a gambling device or record if he knowingly possesses it with intent to use it in gambling.

(2) Possession of a gambling device or record is a class B misdemeanor, provided, however, that any person who is twice convicted under this section shall be guilty of a class A misdemeanor, and any person who is convicted three or more times under this section shall be guilty of a felony of the third degree.

76-10-1106.   Duty of prosecuting attorney or law enforcement officer to prosecute offenses.

All prosecuting attorneys, sheriffs, constables, and peace officers who have reasonable cause to believe any person has violated any provisions of this part shall diligently prosecute those persons.

76-10-1107.   Seizure and sale of devices or equipment used for gambling.

When any magistrate determines that any devices or equipment are being used or kept for the purpose of being used for gambling, the magistrate may authorize the county commissioner of the county where the seizure occurred, in conjunction with the sheriff, or if the seizure occurred within the limits of an incorporated city or town, may authorize its governing body, in conjunction with its chief law enforcement officer, to seize the devices or equipment and institute forfeiture proceedings in accordance with the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

76-10-1108.   Seizure and disposition of gambling debts or proceeds.

Any gambling bets or gambling proceeds which are reasonably identifiable as having been used or obtained in violation of this part may be seized and are subject to forfeiture proceedings in accordance with Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.