For years, gaming has been a popular pastime in New York. Unfortunately, because of the enormous sums of money involved, gaming has also been plagued by widespread cheating. People have, for instance, utilized counterfeit chips and sought to modify electronic gaming machines to boost their chances of winning. To address the issue, New York passed a number of legislation.
Under New York Penal Law 225.75, you would be guilty of second-degree criminal possession of gaming materials if you:
1. You manufacture or sell unlawful gaming property worth more than $300 at a casino gaming facility with the intent to make it available for unlawful use;
2. You commit possession of unlawful gaming property in the third degree and the face value of the improper substitute property exceeds $500; or 3.
3. You are convicted of possession of unlawful gaming property in the third degree and you have been previously convicted within the previous five years of any offense where possession of unlawful gaming property is an essential element.
New York Penal Law section 225.00(27) defines “illegal gaming property” as follows:
1. Any device not permitted for use in casino gaming that can assist a player in calculating probabilities of the outcome of a game of chance or in receiving information material to the outcome of a game of chance; 2. Any object that can be used in casino gambling as an improper substitute for a genuine chip, cheque, token, betting coupon, or other instrument or indicia of value; or 3. Any unfair gaming device.
Use of illegal gaming property: New York Penal Law section 225.85 Defenses
If you possess illegal gaming property for a cause other than to commit gaming fraud, you are not guilty of possession of illegal gaming property in the second degree.
Second-degree possession of illegal gambling equipment is a Class E felony. If convicted, you may be sentenced to up to four years in prison, five years of probation, and a fine.
New York Penal Law 225.75: Second-degree criminal gaming property possession
2. He or she commits possession of unlawful gaming property in the third degree as defined in 225.70 of this article, and the face value of the i.d. exceeds three hundred dollars.
New York City Lawyer for Possession of Illegal Gambling Property in the Second Degree
If you are being investigated for possession of illegal gaming property in the second degree, you must consult with an attorney immediately. If you are found guilty, you could spend time in prison.
At the Law Office of Benjamin Greenwald, we understand that being accused of Use of Unlawful Gaming Property can be a stressful and confusing experience. If you have been charged with this crime, it is important to have an experienced criminal defense attorney on your side. Attorney Greenwald has successfully defended clients against Use of Unlawful Gaming Property charges in Orange County, NY and he can put his knowledge and experience to work for you.