Kennedy & Kennedy Attorneys at Law | Criminal Defense Lawyers | Arlington, Fort Worth, TX | Tarrant County
Representing individuals charged with criminal offenses

Gambling

Early intervention in a criminal case can often make the difference between facing misdemeanor or felony charges, or indeed whether or not any charges are filed at all.  Please do not hesitate to contact our office and schedule a consultation to discuss the specific facts of your case.

The Law Offices of Kennedy & Kennedy represents individuals charged or under investigation for gambling or gambling related offenses. If you have been charged or are under investigation for gambling or a gambling related offense, please contact our office at 817-460-7171 or 817-461-2800 metro immediately to schedule a consultation to discuss the specific facts of your case with an attorney.

§ 47.02. Gambling, Texas Penal Code
(a) A person commits an offense if he:
(1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;
(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling in a private place;
(2) no person received any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
(c) It is a defense to prosecution under this section that the actor reasonably believed that the conduct:
(1) was permitted under Chapter 2001, Occupations Code;
(2) was permitted under Chapter 2002, Occupations Code;
(3) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code);
(4) was permitted under the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes); or
(5) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.
(d) An offense under this section is a Class C misdemeanor.
(e) It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of "gambling device" under Section 47.01(4)(B).

§ 47.03. Gambling Promotion, Texas Penal Code
(a) A person commits an offense if he intentionally or knowingly does any of the following acts:
(1) operates or participates in the earnings of a gambling place;
(2) engages in bookmaking;
(3) for gain, becomes a custodian of anything of value bet or offered to be bet;
(4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(5) for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.
(b) An offense under this section is a Class A misdemeanor.

§ 47.04. Keeping a Gambling Place, Texas Penal Code
(a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the gambling occurred in a private place;
(2) no person received any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
(c) An offense under this section is a Class A misdemeanor.

§ 47.05. Communicating Gambling Information, Texas Penal Code
(a) A person commits an offense if, with the intent to further gambling, he knowingly communicates information as to bets, betting odds, or changes in betting odds or he knowingly provides, installs, or maintains equipment for the transmission or receipt of such information.
(b) It is an exception to the application of Subsection (a) that the information communicated is intended for use in placing a lawful wager under Article 11, Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), and is not communicated in violation of Section 14.01 of that Act.
(c) An offense under this section is a Class A misdemeanor.

§ 47.06. Possession of Gambling Device, Equipment, or Paraphernalia, Texas Penal Code
(a) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of a gambling device.
(b) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers commercially, or possesses any altered gambling equipment that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of such device.
(c) A person commits an offense if, with the intent to further gambling, the person knowingly owns, manufactures, transfers commercially, or possesses gambling paraphernalia.
(d) It is a defense to prosecution under Subsections (a) and (c) that:
(1) the device, equipment, or paraphernalia is used for or is intended for use in gambling that is to occur entirely in a private place;
(2) a person involved in the gambling does not receive any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the chance of winning is the same for all participants.
(e) An offense under this section is a Class A misdemeanor.
(f) It is a defense to prosecution under Subsection (a) or
(c) that the person owned, manufactured, transferred, or possessed the gambling device, equipment, or paraphernalia for the sole purpose of shipping it to another jurisdiction where the possession or use of the device, equipment, or paraphernalia was legal.
(g) A district or county attorney is not required to have a search warrant or subpoena to inspect a gambling device or gambling equipment or paraphernalia on an ocean-going vessel that enters the territorial waters of this state to call at a port in this state.

If you have been charged or are under investigation for gambling or a gambling related offense, please contact our office at 817-460-7171 or 817-461-2800 metro immediately to schedule a consultation to discuss the specific facts of your case with an attorney.

Contact Us for Tarrant County Criminal Defense
 

Home |  The Firm | Practice Areas | Attorneys | Contact Us | Site Map | Resources

Copyright © 2005-2008 All Rights Reserved.
www.kennedyattorneys.com

TARRANT COUNTY CRIMINAL LAWYERS
Criminal Defense Attorneys Serving Arlington, Fort Worth & All of Tarrant County
Law Offices of Kennedy & Kennedy
303 West Abram Street
Arlington, Texas (TX) 76010
(817) 460-7171  Metro (817) 461-2800

The Law Offices of Kennedy & Kennedy is located in Arlington, Texas and our attorneys provide criminal defense representation for clients in Tarrant County, Arlington, Fort Worth, Mansfield, Grapevine, Southlake, Colleyville, Keller, Hurst, Euless, Bedford, Watauga, Richland Hills, North Richland Hills, Pantego, Dalworthington Gardens, Haltom City, Benbrook, White Settlement, Crowley, Saginaw, Haslet, Everman, Kennedale, Blue Mound, Grand Prairie, Burleson, River Oaks, Sansom Park, and Lake Worth.