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Can you summarize IC 35-45-5?
OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY > Gambling
Short Summary
The provided legal document content covers the definitions and concepts related to gambling activities in Indiana. It defines terms such as ’electronic gaming device’, ‘gain’, ‘gambling’, ‘gambling device’, ‘gambling information’, ‘interactive computer service’, ‘operator’, ‘profit’, ’tournament’, and ’toy crane machine’. The document clarifies that gambling involves risking money or property for gain based on chance, lot, or the operation of a gambling device. However, it excludes bona fide contests of skill and bona fide business transactions from the definition of gambling. The document also provides definitions for various types of gambling devices and information related to gambling. It further explains the concept of tournaments and toy crane machines. The document prohibits individuals from engaging in activities such as pool-selling, bookmaking, maintaining certain gambling machines, conducting lotteries or policy games, conducting banking or percentage games, or accepting money or property risked in gambling. Violation of these provisions is considered professional gambling, which is a Level 6 felony. The document also addresses operators who use the Internet to engage in professional gambling, making it a Level 6 felony for professional gambling over the Internet. There are exemptions mentioned for activities such as pari-mutuel wagering, wagering on horse races through advance deposit wagering accounts, sale of lottery tickets, sale or use of gambling devices, riverboat gambling, gambling games licensed or authorized under IC 4-36, and prize-linked savings programs offered or conducted by eligible financial institutions or insured depository institutions. The penalties for non-compliance or violation of these provisions vary depending on the offense committed.
Whom does it apply to?
Individuals engaging in gambling, operators using the Internet for unlawful gambling, interactive computer services, persons transmitting information on a computer network
What does it govern?
Gambling activities
What are exemptions?
Pari-mutuel wagering, wagering on horse races through advance deposit wagering accounts, sale of lottery tickets, sale or use of gambling devices, riverboat gambling, gambling games licensed or authorized under IC 4-36, prize-linked savings programs offered or conducted by eligible financial institutions or insured depository institutions
What are the Penalties?
Unlawful gambling: Class B misdemeanor; Operator using the Internet for unlawful gambling: Level 6 felony; Possession of electronic gaming device: Class A infraction; Maintaining a professional gambling site: Level 6 felony; Promoting professional gambling: Level 6 felony
Jurisdiction
Indiana