NY Penal Law § 225.90: Manipulation of gaming outcomes at an authorized gaming establishment

It is against the law to manipulate the outcome of a game of chance. One way that this can be done is to sneak into an authorized gaming establishment your own cards or other equipment, and substitute them during the game to gain an advantage. Whether you manipulate the outcome by using your own equipment or by some other means, you would have committed a crime. Under New York Penal Law § 225.90 you could be charged with manipulation of gaming outcomes at an authorized gaming establishment if you:

1. Knowingly use altered or manipulated cards, dice, or gaming equipment with the intent of altering the element of chance in a game;
2. Knowingly use or possess with the intent to use cards, dice, or other gaming equipment or devices other than that which was provided by the authorized gaming operator; or
3. Alter or misrepresent the outcome of a game or other event on which bets or wagers have been made after the outcome is made sure but before it is revealed to players.

Claire loves playing cards. Whether playing at home with friends or some other place, Claire almost always cheated. Today she was losing. So she "accidently" dropped a card on the floor. While picking up the card, she slipped it into her shoe and retrieved another card from her sleeve. As a result she won and received more chips. Claire could be charged with manipulation of gaming outcomes at an authorized gaming establishment since she used a card that was not provided by the authorized gaming operator.

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

You would not be guilty of this crime if your actions were not intentional. For example, if are given altered equipment by an employee of the authorized gaming establishment and neither you nor the employee realized that the equipment had been altered, then you would have a defense to the charge.

Manipulation of gaming outcomes at an authorized gaming establishment 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. However, if you already have been convicted of this crime, then the next time you are charged it will be as a Class E felony. 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 fine.

A person is guilty of manipulation of gaming outcomes at an authorized gaming establishment when he or she:

1. Knowingly conducts, operates, deals or otherwise manipulates, or knowingly allows to be conducted, operated, dealt or otherwise manipulated, cards, dice or gaming equipment or device, for themselves or for another, through any trick or sleight of hand performance, with the intent of deceiving or altering the elements of chance or normal random selection which determines the result or outcome of the game, or the amount or frequency of the payment in a game; or
2. Knowingly uses, conducts, operates, deals, or exposes for play, or knowingly allows to be used, conducted, operated, dealt or exposed for play any cards, dice or gaming equipment or device, or any combination of gaming equipment or devices, which have in any manner been altered, marked or tampered with, or placed in a condition, or operated in a manner, the result of which tends to deceive or tends to alter the elements of chance or normal random selection which determine the result of the game or outcome, or the amount or frequency of the payment in a game; or
3. Knowingly uses, or possesses with the intent to use, any cards, dice or other gaming equipment or devices other than that provided by an authorized gaming operator for current use in a permitted gaming activity; or
4. Alters or misrepresents the outcome of a game or other event on which bets or wagers have been made after the outcome is made sure but before it is revealed to players.

Possession of altered, marked or tampered with dice, cards, or gaming equipment or devices at an authorized gambling establishment is presumptive evidence of possession thereof with knowledge of its character or contents and intention to use such altered, marked or tampered with dice, cards, or gaming equipment or devices in violation of this §.

Manipulation of gaming outcomes at an authorized gaming establishment is a serious charge. If you are convicted you could end up in jail and you will have a criminal record. 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: