NY Penal Law § 225.70: Possession of unlawful gaming property in the third 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 illegal activity occurs. To punish those who attempt to illegally influence their odds of winning, New York enacted several laws. Under New York Penal Law § 225.70 you could be prosecuted for possession of unlawful gaming property in the third degree if you possess unlawful gaming property at a premises being used for casino gaming with intent to use such property to commit gaming fraud. 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.

Van loves to gamble, but looses a lot. In an effort to change his "luck," Van snuck a magnet into the establishment. His plan was to use it when playing roulette to try to influence the outcome. Van could be prosecuted for possession of unlawful gaming property in the third degree as a magnet is a device that can be used to assist Van's chances while playing roulette.

1. Use of unlawful gaming property: New York Penal Law § 225.85

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

Possession of unlawful gaming property in the third 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 possession of unlawful gaming property in the third degree when he or she possesses, with intent to use such property to commit gaming fraud, unlawful gaming property at a premises being used for casino gaming.

Even though possession of unlawful gaming property in the third degree is a misdemeanor and not a felony, it is still a crime. If you are convicted you could end up in jail. 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: