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Can you summarize 13A ALCA Chapter 12, Article 2?
OFFENSES AGAINST PUBLIC HEALTH AND MORALS. > Gambling Offenses.
Short Summary
This legal document, part of the Code of Alabama, governs gambling offenses. It provides definitions for various terms related to gambling and outlines what constitutes advancing gambling activity, bookmaking, contest of chance, and gambling. Certain activities, such as bona fide business transactions and agreements to compensate for loss caused by chance, are exempt from the definition of gambling. The document also pertains to the suppression of gambling places, prohibiting the exhibition or exposure of gambling devices in certain premises. Violation of this section is considered a felony and is punishable by imprisonment. Additionally, individuals who visit or resort to such barred or barricaded houses or rooms for gaming are guilty of a misdemeanor and may face a fine and imprisonment. The document outlines the process for executing a warrant, seizing gambling instruments, and bringing the parties before the court. It also allows for the use of general reputation as evidence in cases where gaming is suspected. Furthermore, the document addresses the transportation and possession of lottery paraphernalia within the state of Alabama. It declares such actions as misdemeanor offenses and provides for the seizure and forfeiture of conveyances or vehicles used for transporting prohibited lottery paraphernalia. Bona fide bailors, conditional vendors, and chattel mortgagees are protected if they make inquiries to the relevant authorities and receive written confirmation of the prospective bailee, vendee, or mortgagor’s lack of involvement in lotteries, gambling, or gaming. The document also mentions the Federal Wagering Occupational Tax Stamp, which serves as prima facie evidence in prosecutions for violation of Alabama’s gambling laws. The possession of this tax stamp is subject to various methods of proof during trial. The document does not specify any exemptions or penalties related to the Federal Wagering Occupational Tax Stamp.
Whom does it apply to?
Individuals involved in gambling activities, owners, proprietors, or keepers of establishments facilitating gambling, individuals engaged in the transportation or possession of lottery paraphernalia
What does it govern?
Gambling offenses
What are exemptions?
Bona fide business transactions, agreements to compensate for loss caused by chance
What are the Penalties?
For violation of the suppression of gambling places section: felony punishable by imprisonment in the penitentiary for one to five years. For individuals visiting or resorting to barred or barricaded houses or rooms for gaming: misdemeanor with a fine ranging from $50.00 to $300.00, along with potential imprisonment in the county jail or hard labor for the county for up to six months.
Jurisdiction
Alabama