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NY Penal Law § 225.75: Possession of unlawful gaming property in the second degree

Gaming has been popular in New York for years. Unfortunately, because of the tremendous amount of money involved, gaming has also been an area where a great deal of cheating occurs. For example, people have used counterfeit chips and have attempted to alter electronic gaming machines to increase their odds of winning. To address the problem New York enacted several laws. Under New York Penal Law § 225.75 you would have committed possession of unlawful gaming property in the second degree if:

  1. You make or sell unlawful gaming property at a casino gaming facility that is worth more than $300, with intent that it be made available to a person 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. You commit possession of unlawful gaming property in the third degree and you have been previously convicted within the preceding 5 years of any offense of which an essential element is possession of unlawful gaming property.

New York Penal Law § 225.00(27) defines "unlawful gaming property" as:

  1. Any device not permitted for use in casino gaming that is capable of assisting a player calculate probabilities of the outcome of a game of chance or assisting a player in receiving information material to the outcome of a game of change;
  2. Any object which is capable of being 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 equipment.
Related Offenses
  1. Use of unlawful gaming property: New York Penal Law § 225.85
Defenses

You are not guilty of possession of unlawful gaming property in the second degree if you possess unlawful gaming property for some other reason than to commit gaming fraud.

Sentence

Possession of unlawful gaming property in the second degree is a Class E felony. If you are convicted your sentence may include a prison term of up to 4 years, a probation term of 5 years, and a fine.

New York Penal Law § 225.75: Possession of unlawful gaming property in the second degree

A person is guilty of possession of unlawful gaming property in the second degree when:

  1. He or she makes, sells, or possesses with intent to sell, any unlawful gaming property at a casino gaming facility, the value of which exceeds three hundred dollars, with intent that it be made available to a person for unlawful use; or
  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 improper substitute property exceeds five hundred dollars; or
  3. He or she commits the offense of possession of unlawful gaming property in the third degree and has been previously convicted within the preceding five years of any offense of which an essential element is possession of unlawful gaming property.
New York Possession of Unlawful Gaming Property in the Second Degree Lawyer

If you are under investigation for possession of unlawful gaming property in the second degree, you need to immediately consult with an experienced attorney. If you are convicted you could end up spending time in prison. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of various types of crimes including both felonies and misdemeanors. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of gambling crimes in the following locations:

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