Gambling Offenses

Gambling in New York

In New York, Gambling in the first degree, a class E felony, is punished by N.Y.P.L. § 225.10 punishes Gambling in the first degree.

A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:

1. Engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars; or

2. Receiving, in connection with a lottery or policy scheme or enterprise, (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than five hundred dollars in any one day of money played in such scheme or enterprise.

Gambling in New Jersey

In New Jersey, promoting gambling is prohibited by N.J.S.A § 2C:37-2. A person is guilty of promoting gambling when he knowingly:

(1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby he participates or will participate in the proceeds of gambling activity; or

(2) Engages in conduct, which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation.

Gambling is not generally considered a crime of moral turpitude. However, Gambling might be considered an Aggravated felony if the record of conviction shows that the offense is one described in 18 U.S.C. § 1955.

If you are an immigrant charged with a gambling offense, contact immediately a criminal immigration lawyer to fight the charges and protect your legal status. An aggravated felony conviction is generally a permanent bar to immigration benefits. Also, there are generally no waivers available to aggravated felony convictions.

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