2009 New Jersey Code
TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE
Section 2C:37
2C:37-1 - Definitions

2C:37-1.  Definitions
    The following definitions apply to this chapter and to chapter 64:

    a.   "Contest of chance"  means any contest, game, pool, gaming scheme or gaming device in which the outcome depends in a material degree upon an element  of chance, notwithstanding that skill of the contestants or some other persons  may also be a factor therein.

    b.   "Gambling"  means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the actor's control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.

    c.   "Player"  means a person who engages in any form of gambling solely as  a contestant or bettor, without receiving or becoming entitled to receive any  profit therefrom other than personal gambling winnings, and without otherwise  rendering any material assistance to the establishment, conduct or operation of  the particular gambling activity.  A person who gambles at a social game of  chance on equal terms with the other participants therein does not thereby  render material assistance to the establishment, conduct or operation of such  game if he performs, without fee or remuneration, acts directed toward the  arrangement or facilitation of the game, such as inviting persons to play,  permitting the use of premises therefor or supplying cards or other equipment  used therein.  A person who engages in  "bookmaking"  as defined in this  section is not a "player."

    d.   "Something of value"  means any money or property, any token, object or  article exchangeable for money or property, or any form of credit or promise  directly or indirectly contemplating transfer of money or property or of any  interest therein, or involving extension of a service, entertainment or a  privilege of playing at a game or scheme without charge. This definition,  however, does not include any form of promise involving extension of a  privilege of playing at a game without charge on a mechanical or electronic  amusement device, other than a slot machine as an award for the attainment of a  certain score on that device.

    e.   "Gambling device"  means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gambling between persons or gambling by a person involving the playing of a machine.  Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.

    f.   "Slot machine"  means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object  therein, or upon payment of any consideration whatsoever, is available to play  or operate, the play or operation of which, whether by reason of the skill of  the operator or application of the element of chance, or both, may deliver or  entitle the person playing or operating the machine to receive cash or tokens  to be exchanged for cash, whether the payoff is made automatically from the  machine or in any other manner whatsoever.  A device so constructed, or readily  adaptable or convertible to such use, is no less a slot machine because it is  not in working order or because some mechanical act of manipulation or repair  is required to accomplish its adaptation, conversion or workability.

    g.   "Bookmaking"  means advancing gambling activity by unlawfully accepting  bets from members of the public upon the outcome of future contingent events as  a business.

    h.   "Lottery"  means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media,  one or more of which chances are to be designated the winning ones; and (b)  the winning chances are to be determined by a drawing or by some other method  based upon the element of chance;  and (c) the holders of the winning chances  are to receive something of value.

    i.   "Policy"  or  "the numbers game"  means a form of lottery in which the  winning chances or plays are not determined upon the basis of a drawing or  other act on the part of persons conducting or connected with the scheme, but  upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.

    j.   "Gambling resort"  means a place to which persons may resort for engaging in gambling activity.

    k.   "Unlawful"  means not specifically authorized by law.

     L.1978, c. 95, s. 2C:37-1, eff. Sept. 1, 1979.  Amended by L.1979, c. 176, s. 4, eff. Sept. 1, 1979;  L.1982, c. 60, s. 1, eff. July 8, 1982.

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