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Can you summarize NJST 2C:37-3?
Possession of gambling records
Short Summary
This section of the New Jersey Code of Criminal Justice governs the possession of gambling records. It states that a person is guilty of possession of gambling records if they possess any writing, paper, instrument, or article commonly used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or policy scheme or enterprise. There are two defenses to a prosecution under subsection a. (2): (1) if the possession of the records constituted plays, bets, or chances of the defendant himself in a number not exceeding 10, and (2) if the possession of the records was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or policy scheme or enterprise. Possession of gambling records is a crime of the third degree, punishable by a fine of not more than $35,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. However, if the possession of gambling records constitutes more than five bets totaling more than $1,000.00 in a bookmaking scheme or enterprise, or more than one hundred plays or chances in the case of a lottery or policy scheme or enterprise, it is a disorderly persons offense, punishable by a fine of not more than $20,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.
Whom does it apply to?
Any person who possesses any writing, paper, instrument, or article commonly used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or policy scheme or enterprise.
What does it govern?
Possession of gambling records
What are exemptions?
There are two defenses to a prosecution under subsection a. (2): (1) the possession of the writing, paper, instrument, or article constituted plays, bets, or chances of the defendant himself in a number not exceeding 10, and (2) the possession of the writing, paper, instrument, or article was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or policy scheme or enterprise.
What are the Penalties?
Possession of gambling records is a crime of the third degree, punishable by a fine of not more than $35,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. However, if the possession of gambling records constitutes more than five bets totaling more than $1,000.00 in a bookmaking scheme or enterprise, or more than one hundred plays or chances in the case of a lottery or policy scheme or enterprise, it is a disorderly persons offense, punishable by a fine of not more than $20,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.
Jurisdiction
New Jersey