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NY Penal Law § 225.85: Use of unlawful gaming property

It is against the law to gain a competitive advantage while participating in casino gaming by using counterfeit chips, tokens or coupons, or by using some sort of device that will help you anticipate the outcome of a game of chance. If you do so, then you would have committed a felony. Under New York Penal Law § 225.85 you could be charged with use of unlawful gaming property if with intent to defraud you knowingly use unlawful gaming property at a premises being used for casino gaming. "Unlawful gaming property" includes:

  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.
Example

Harriet enjoyed casino gambling. While she won regularly, she wanted to win more. She was approached by a company that made counterfeit gambling chips. Harriet figured that if she could slip in a few chips here and there, she would end up with extra money. If Harriet tries to use the counterfeit chips while casino gambling, she could be arrested for use of unlawful gaming property in violation of New York Penal Law § 225.85.

Related Offenses
  1. Manipulation of gaming outcomes at an authorized gaming establishment: New York Penal Law § 225.90
Defenses

To be guilty of unlawful gaming property, you must have such property "knowingly." If you were given counterfeit chips, for example, by someone else while participating in casino gambling, and you assumed that they were genuine, then you would not be guilty of use of unlawful gaming property.

Sentence

Use of unlawful gaming property is a Class E felony. This means that if you are convicted your sentence could include a prison term of up to 4 years, a probation term of 5 years, and payment of a substantial fine.

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

A person is guilty of use of unlawful gaming property when he or she knowingly with intent to defraud uses unlawful gaming property at a premises being used for casino gaming.

New York Use of Unlawful Gaming Property Lawyer

Use of unlawful gaming property is a serious crime. If you are convicted you could end up in prison. 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:

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