NY Penal Law § 225.05: Promoting gambling in the second degree

According to the New York criminal code, gambling is defined as risking something of value upon the outcome of a contest of chance based on an agreement that you will receive something of value in the event of a particular result. New York has very strict rules regarding what type of gambling is lawful and what type of gambling is prohibited. If you profit from illegal gambling activity you would have committed a crime. You would have profited from gambling activity if you receive money or other property from participating in a gambling activity. Under New York Penal Law § 225.05 you could be charged promoting gambling in the second degree if you knowingly advance or profit from unlawful gambling activity.

An undercover police officer was invited onto a premises by Jun Feng and invited to play some games. The officer observed individuals play mahjong, which is a four player gambling game that requires both skill and luck. Feng gave the undercover officer $51 in chips and explained the house rules which included that if you win $15 or more in one hand, the house gets $1 which is placed in the house container. The officer also observed 2 video poker machines that accepted U.S. currency. While the court found that playing mahjong is not gambling, Feng did promote gambling by having the "house container." Because Feng knew that he would receive something of value in the event of a certain outcome of a future contingent event that was not under his control, having the house container in itself was a type of unlawful gambling. People v. Jun Feng, 946 N.Y.S.2d 68 (N.Y. Crim. Ct., 2012)

1. Possession of gambling records in the second degree: New York Penal Law § 225.15
2. Possession of a gambling device: New York Penal Law § 225.32

In order to be guilty of promoting gambling in the second degree, the game that you are accused of promoting must be a "game of chance." If the game is actually a game of skill, then you have a valid defense against a change of promoting gambling.

Promoting gambling in the second degree is a Class A misdemeanor. This means that if you are convicted your sentence could include a jail term of up to 1 year, a probation term of 3 years, and payment of a fine.

A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.

Even though promoting gambling in the second degree is a misdemeanor and not a felony, it is still a crime. If you are convicted you could end up in jail. Therefore, it is important that you are represented by someone with experience to ensure that your rights are protected. 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: