When it comes to the letter of the law in the state of New York’s penal code, at best you’re going to come across something that’s pretty complicated, and at worst you’re going to be dealing with legalese that’s downright confusing. But just because this is very often the case doesn’t mean it has to be for you. In our recent series of posts we’ve been looking at gambling offenses so that we can break down the letter of the law into something a little more manageable. In this post we’re going to finish up our look at these offenses, starting with possession of unlawful gaming property in the third degree.
Possession of unlawful gaming property in the third degree.
You’re guilty of this charge when you possess gaming property with the intention of committing gaming fraud, as well as unlawful gaming property at a premises that’s used for casino gaming. Possession of unlawful gaming property in the third degree is a class A misdemeanor.
Possession of unlawful gaming property in the second degree.
You’re guilty of this charge when you make, sell, or possess unlawful gaming property with the intention of selling it, and the value of it is more than three hundred bucks, and you intend that it’s going to be made available to someone so that it can be used unlawfully, or you commit this crime in the third degree and the face value of the substitute property is more than five hundred bucks, or you commit possession of unlawful gaming property in the third degree and have previously been convicted in the last five years of a crime that involves possessing unlawful gaming property. Possession of unlawful gaming property in the second degree is considered to be a class E felony.
Manipulation of gaming outcomes at an authorized gaming establishment.
To be guilty of this, you have to knowingly operate or manipulate cards, dice, or any other kind of gambling device, for yourself or someone else through a trick of hand or a sleight performance with the intention of deceiving or else changing the chance element that determines the outcome of a game, or knowingly using, conducting, or knowingly allowing to be used dice, cards or any other kind of gambling device that’s been somehow tampered with, or made in a way that deceives or alters the element of chance in a particular game, or knowingly using or possessing with the intention of using cards, dice, or other gaming equipment that weren’t provided by an authorized gaming operator to use in an allowed gaming activity, or altering or misrepresenting the outcome of a game that has bets or wagers on it after the outcome is made but before it’s known to the players. Possession of altered, marked or tampered with dice, cards, or gaming equipment or devices at an authorized gambling establishment is considered to be presumptive evidence of possession when you have knowledge of its contents and then intend to use these altered dice, or devices to violate this section. Manipulation of gaming outcomes at an authorized gaming establishment is considered to be a class A misdemeanor provided, however, that if the person has previously been convicted of the crime in the last five years this crime is a class E felony.
See? That was quick, easy, and relatively painless. Just like going to the dentist. Anyway, we hope you’ll agree that when you take the often complicated and confusing letter of the law in the state of New York’s penal code and then go ahead and break it down into simple, easy to understand digestible chunks, you’re left with something that’s actually pretty interesting to read, and you also have a much better chance of putting up a sound legal defense for any charges you might be facing. But before any of that happens, you’re going to need the right legal counsel for the job. All the understanding of the law in the world won’t do you any good if the lawyer you have representing you doesn’t have the skills or experience necessary to make sure that your needs are truly met.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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