712-1221 Promoting gambling in the first degree. (1) A person commits the offense of promoting gambling in the first degree if the person knowingly advances or profits from gambling activity by:

(a) Engaging in bookmaking to the extent that the person receives or accepts in any seven-day period more than five bets totaling more than $500;

(b) Receiving in connection with a lottery, or mutuel scheme or enterprise, money or written records from a person other than a player whose chances or plays are represented by such money or records; or

(c) Receiving or having become due and payable in connection with a lottery, mutuel, or other gambling scheme or enterprise, more than $1,000 in any seven-day period played in the scheme or enterprise.

(2) Promoting gambling in the first degree is a class C felony. [L 1972, c 9, pt of 1; am L 1973, c 201, pt of 1; am L 1983, c 161, 1; am L 1987, c 83, 1; gen ch 1992]

 

Revision Note

 

In subsection (1)(a), "or" deleted pursuant to 23G-15.

 

Case Notes

 

Although it may have been error admitting into evidence, as expert opinion under HRE rule 702, officer's testimony concerning 712-1231(b), the social gambling defense, where defendant was not entitled to this defense in a prosecution for promoting gambling in the first degree under subsection (1)(c), error was harmless. 92 H. 98 (App.), 987 P.2d 996 (1999).

 

 

Previous Vol14_Ch0701-0853 Next