12.1-28-02. Gambling - Related offenses - Classification of offenses

12.1-28-02. Gambling - Related offenses - Classification of offenses Except as permitted by law: 1. It is an infraction to engage in gambling on private premises where the total amount wagered by an individual player exceeds twenty-five dollars per individual hand, game, or event. 2. It is a class A misdemeanor to: a. Sell, purchase, receive, or transfer a chance to participate in a lottery, whether the lottery is drawn in state or out of state, and whether the lottery is lawful in the other state or country; b. Disseminate information about a lottery with intent to encourage participation in it, except that a legal lottery may be advertised in North Dakota; or c. Engage in gambling on private premises where the total amount wagered by an individual player exceeds five hundred dollars per individual hand, game, or event. 3. A person is guilty of a class C felony if that person engages or participates in the business of gambling. Without limitation, a person is deemed to be engaged in the business of gambling if that person: a. Conducts a wagering pool or lottery; b. Receives wagers for or on behalf of another person; c. Alone or with others, owns, controls, manages, or finances a gambling business; d. Knowingly leases or otherwise permits a place to be regularly used to carry on a gambling business or maintain a gambling house; e. Maintains for use on any place or premises occupied by that person a coin-operated gaming device; or f. Is a public servant who shares in the proceeds of a gambling business whether by way of a bribe or otherwise. 4. a. As used in subsection 3 but with the exceptions provided by subdivision b of this subsection, the term "coin-operated gaming device" means any machine that is: (1) A so-called "slot" machine that operates by means of the insertion of a coin, token, or similar object and which, by application of the element of chance, may deliver, or entitle the person playing or operating the machine to receive cash, premiums, merchandise, or tokens; or (2) A machine that is similar to machines described in paragraph 1 and is operated without the insertion of a coin, token, or similar object. b. The term "coin-operated gaming device" does not include a bona fide vending or amusement machine in which gambling features are not incorporated as defined in section 53-04-01, or an antique "slot" machine twenty-five years old or older that is collected and possessed by a person as a hobby and is not maintained for the business of gambling. c. A law enforcement officer may seize any device described in subdivision a upon probable cause to believe that the device was used or is intended to be used in violation of this chapter or chapter 53-06.1. The court shall order the device forfeited in the same manner and according to the same procedure as provided under chapter 29-31.1.