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7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the definition of gambling.
10 Highlighted Provisions:
11 This bill:
12 . defines Internet gambling; and
13 . clarifies that gambling, which is prohibited in Utah, includes any form of Internet
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 76-10-1101, as last amended by Laws of Utah 2009, Chapter 382
22 76-10-1102, as last amended by Laws of Utah 1998, Chapter 127
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-10-1101 is amended to read:
26 76-10-1101. Definitions.
27 As used in this part:
28 (1) (a) "Fringe gambling" means any gambling, lottery, or video gaming device which
30 (i) given, conducted, or offered for use or sale by a business in exchange for anything
31 of value; or
32 (ii) given away incident to the purchase of other goods or services.
33 (b) "Fringe gambling" does not include a gambling, lottery, video gaming device, or
34 other promotional activity which is clearly occasional and ancillary to the primary activity of
35 the business.
36 (2) (a) "Gambling" means risking anything of value for a return or risking anything of
37 value upon the outcome of a contest, game, gaming scheme, or gaming device when the return
38 or outcome:
39 (i) is based upon an element of chance; and
40 (ii) is in accord with an agreement or understanding that someone will receive
41 something of value in the event of a certain outcome.
42 (b) "Gambling" includes a lottery and fringe gambling.
43 (c) "Gambling" does not include:
44 (i) a lawful business transaction; or
45 (ii) playing an amusement device that confers only an immediate and unrecorded right
46 of replay not exchangeable for value.
47 (3) "Gambling bet" means money, checks, credit, or any other representation of value.
48 (4) "Gambling device or record" means anything specifically designed for use in
49 gambling or used primarily for gambling.
50 (5) "Gambling proceeds" means anything of value used in gambling.
51 (6) "Internet gambling" or "online gambling" means gambling or gaming by use of:
52 (a) the Internet; or
53 (b) any mobile electronic device that allows access to data and information.
55 chance among persons who have paid or promised to pay any valuable consideration for the
56 chance of obtaining property, or portion of it, or for any share or any interest in property, upon
57 any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or
58 chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known.
61 (a) a video display and computer mechanism for playing a game;
62 (b) the length of play of any single game is not substantially affected by the skill,
63 knowledge, or dexterity of the player;
64 (c) a meter, tracking, or recording mechanism that records or tracks any money, tokens,
65 games, or credits accumulated or remaining;
66 (d) a play option that permits a player to spend or risk varying amounts of money,
67 tokens, or credits during a single game, in which the spending or risking of a greater amount of
68 money, tokens, or credits:
69 (i) does not significantly extend the length of play time of any single game; and
70 (ii) provides for a chance of greater return of credits, games, or money; and
71 (e) an operating mechanism that requires inserting money, tokens, or other valuable
72 consideration in order to function.
73 Section 2. Section 76-10-1102 is amended to read:
74 76-10-1102. Gambling.
75 (1) A person is guilty of gambling if [
76 (a) participates in gambling, including any Internet gambling;
77 (b) knowingly permits any gambling to be played, conducted, or dealt upon or in any
78 real or personal property owned, rented, or under the control of the actor, whether in whole or
79 in part; or
80 (c) knowingly allows the use of any video gaming device that is:
81 (i) in any business establishment or public place; and
82 (ii) accessible for use by any person within the establishment or public place.
83 (2) Gambling is a class B misdemeanor, [
84 who is [
Legislative Review Note
as of 1-27-12 8:12 PM