NY Penal Law § 225.80: Possession of unlawful gaming property in the first degree

Gaming has been popular in New York for years. Unfortunately, because of the amount of money involved gaming has also been an area where a great deal of fraud occurs. To punish those who attempt to influence their odds of winning, New York enacted several laws. Under New York Penal Law § 245.80 you could be charged with possession of unlawful gaming property in the first degree if:

1. You commit possession of unlawful gaming property in the third degree and the face value of the improper substitute property exceeds $1000; or
2. You commit possession of unlawful gaming property in the second 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 first degree if you possess unlawful gaming property for some other reason than to commit gaming fraud.

Sentence

Possession of unlawful gaming property in the first degree is a Class D felony. This means that if you are convicted your sentence could include a prison term of up to 7 years, a probation term of 5 years, and payment of a substantial fine.

New York Penal Law § 225.80: Possession of unlawful gaming property in the first degree

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

1. He or she commits the crime of unlawful possession of gaming property in the third degree as defined in § 225.70 of this article and the face value of the improper substitute property exceeds one thousand dollars; or
2. He or she commits the offense of possession of unlawful gaming property in the second degree as defined in subdivision one or two of § 225.75 of this article 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 First Degree Lawyer

If you are arrested and charged with possession of unlawful gambling property in the first degree it is critical that you are represented by someone who has experience. 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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