NY Penal Law § 225.95: Unlawful manufacture, sale, distribution, marking, altering and modification of equipment and devices associated with gaming

Under New York Penal Law § 225.95 you could be charged with unlawful manufacture, sale, distribution, marking, altering and modification of equipment and devices associated with gaming if you:

1. Manufacture, sell or distribute any cards, chips, cheques, tokens, dice, vouchers, game or device knowing it was intended to be used to violate gaming laws; or
2. Mark, alter or otherwise modify gaming equipment in a manner that would alter the normal criteria of random selection, knowing that it was intended to be used to violate gaming laws.

Joseph owned a company that manufactured gaming chips. While most of his chips were made for people to use at home when playing friendly games of poker, he also made chips for casinos. Joseph was approached by Paul, who asked him to make some custom chips that looked very similar to chips used by a specific casino. Joseph refused, saying that he did not want to help cheat a casino. Paul assured Joseph that he was not planning on trying to cheat a casino, but that he was organizing a charity "casino night" event and wanted the chips to look real. Finally Joseph agreed and made the chips. Paul used them to try to gain an advantage while at a casino. Paul was caught. Joseph was arrested and charged with unlawful manufacture of equipment and devices associated with gaming. Joseph may have a valid defense since he was under the impression that the chips were going to be used at a charitable event.

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

If you did not know that the altered equipment was going to be used to manipulate the outcome of a game of chance, then you have a defense to the charge. However, it is not enough that you did not know. The statute states that you are guilty of the crime if you "should have known" that the intended use was to violate a gaming law.

Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming 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 unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming when if he or she:

1. Manufactures, sells or distributes any cards, chips, cheques, tokens, dice, vouchers, game or device and he or she knew or reasonably should have known it was intended to be used to violate any provision of this article; or
2. Marks, alters or otherwise modifies any associated gaming equipment or device in a manner that either affects the result of the wager by determining win or loss or alters the normal criteria of random selection in a manner that affects the operation of a game or determines the outcome of a game, and he or she knew or reasonably should have known that it was intended to be used to violate any provision of this article.

Even though unlawful manufacture, sale and distribution of equipment and devices associated with gaming is a misdemeanor and not a felony, it is still a crime. If you are convicted you could end up in jail. For this reason if you are suspected of committing this crime 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: