(720 ILCS 5/28‑1) (from Ch. 38, par. 28‑1)
Sec. 28‑1.
Gambling.
(a) A person commits gambling when he:
(1) Plays a game of chance or skill for money or |
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other thing of value, unless excepted in subsection (b) of this Section; or
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(2) Makes a wager upon the result of any game,
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contest, or any political nomination, appointment or election; or
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(3) Operates, keeps, owns, uses, purchases,
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exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device; or
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(4) Contracts to have or give himself or another the
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option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4); or
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(5) Knowingly owns or possesses any book, instrument
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or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager; or
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(6) Sells pools upon the result of any game or
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contest of skill or chance, political nomination, appointment or election; or
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(7) Sets up or promotes any lottery or sells, offers
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to sell or transfers any ticket or share for any lottery; or
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(8) Sets up or promotes any policy game or sells,
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offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device; or
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(9) Knowingly drafts, prints or publishes any
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lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government; or
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(10) Knowingly advertises any lottery or policy
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game, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state; or
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(11) Knowingly transmits information as to wagers,
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betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
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(12) Knowingly establishes, maintains, or operates
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an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet.
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(b) Participants in any of the following activities shall not be
convicted of gambling therefor:
(1) Agreements to compensate for loss caused by the
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happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;
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(2) Offers of prizes, award or compensation to the
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actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest;
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(3) Pari‑mutuel betting as authorized by the law of
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(4) Manufacture of gambling devices, including the
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acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law;
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(5) The game commonly known as "bingo", when
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conducted in accordance with the Bingo License and Tax Act;
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(6) Lotteries when conducted by the State of
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Illinois in accordance with the Illinois Lottery Law;
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(7) Possession of an antique slot machine that is
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neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier;
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(8) Raffles when conducted in accordance with the
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(9) Charitable games when conducted in accordance
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with the Charitable Games Act;
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(10) Pull tabs and jar games when conducted under
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the Illinois Pull Tabs and Jar Games Act; or
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(11) Gambling games conducted on riverboats when
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authorized by the Riverboat Gambling Act.
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(c) Sentence.
Gambling under subsection (a)(1) or (a)(2) of this Section is a
Class A misdemeanor. Gambling under any of subsections (a)(3) through
(a)(11) of this Section is a Class A misdemeanor. A second or
subsequent conviction under any of subsections (a)(3) through (a)(11),
is a Class 4 felony. Gambling under subsection (a)(12) of this Section is a
Class A
misdemeanor. A second or subsequent conviction under subsection (a)(12) is a
Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under subsection (a)(1) through (a)(12) of
this
Section circumstantial evidence shall have the same validity and weight as
in any criminal prosecution.
(Source: P.A. 91‑257, eff. 1‑1‑00.)
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(720 ILCS 5/28‑1.1) (from Ch. 38, par. 28‑1.1)
Sec. 28‑1.1.
Syndicated gambling.
(a) Declaration of Purpose. Recognizing the close relationship between
professional gambling and other organized crime, it is declared to be the
policy of the legislature to restrain persons from engaging in the business
of gambling for profit in this State. This Section shall be liberally
construed and administered with a view to carrying out this policy.
(b) A person commits syndicated gambling when he operates a "policy
game" or engages in the business of bookmaking.
(c) A person "operates a policy game" when he knowingly uses any
premises or property for the purpose of receiving or knowingly does
receive from what is commonly called "policy":
(1) money from a person other than the better or |
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player whose bets or plays are represented by such money; or
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(2) written "policy game" records, made or used over
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any period of time, from a person other than the better or player whose bets or plays are represented by such written record.
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(d) A person engages in bookmaking when he receives or accepts more
than five bets or wagers upon the result of any trials or contests of
skill, speed or power of endurance or upon any lot, chance, casualty,
unknown or contingent event whatsoever, which bets or wagers shall be of
such size that the total of the amounts of money paid or promised to be
paid to such bookmaker on account thereof shall exceed $2,000.
Bookmaking is the receiving or accepting of such bets or wagers
regardless of the form or manner in which the bookmaker records them.
(e) Participants in any of the following activities shall not be
convicted of syndicated gambling:
(1) Agreements to compensate for loss caused by the
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happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance; and
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(2) Offers of prizes, award or compensation to the
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actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest; and
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(3) Pari‑mutuel betting as authorized by law of this
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(4) Manufacture of gambling devices, including the
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acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; and
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(5) Raffles when conducted in accordance with the
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(6) Gambling games conducted on riverboats when
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authorized by the Riverboat Gambling Act.
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(f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 86‑1029; 87‑435.)
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(720 ILCS 5/28‑2) (from Ch. 38, par. 28‑2)
Sec. 28‑2.
Definitions.
(a) A "gambling device" is any clock, tape machine, slot machine or
other machines or device for the reception of money or other thing of value
on chance or skill or upon the action of which money or other thing of
value is staked, hazarded, bet, won or lost; or any mechanism, furniture,
fixture, equipment or other device designed primarily for use in a gambling
place. A "gambling device" does not include:
(1) A coin‑in‑the‑slot operated mechanical device |
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played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property.
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(2) Vending machines by which full and adequate
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return is made for the money invested and in which there is no element of chance or hazard.
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(3) A crane game. For the purposes of this
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paragraph (3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties and prizes other than currency, each having a wholesale value which is not more than 7 times the cost charged to play the amusement device once or $5, whichever is less.
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(4) A redemption machine. For the purposes of this
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paragraph (4), a "redemption machine" is a single‑player or multi‑player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object into, upon, or against a hole or other target, provided that all of the following conditions are met:
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(A) The outcome of the game is predominantly
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determined by the skill of the player.
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(B) The award of the prize is based solely upon
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the player's achieving the object of the game or otherwise upon the player's score.
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(C) Only merchandise prizes are awarded.
(D) The average wholesale value of prizes
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awarded in lieu of tickets or tokens for single play of the device does not exceed the lesser of $5 or 7 times the cost charged for a single play of the device.
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(E) The redemption value of tickets, tokens, and
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other representations of value, which may be accumulated by players to redeem prizes of greater value, does not exceed the amount charged for a single play of the device.
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(a‑5) "Internet" means an interactive computer service or system or an
information service, system, or access software provider that provides or
enables computer access by multiple users to a computer server, and includes,
but is not limited to, an information service, system, or access software
provider that provides access to a network system commonly known as the
Internet, or any comparable system or service and also includes, but is not
limited to, a World Wide Web page, newsgroup, message board, mailing list, or
chat area on any interactive computer service or system or other online
service.
(a‑6) "Access" and "computer" have the meanings ascribed to them in
Section
16D‑2 of this Code.
(b) A "lottery" is any scheme or procedure whereby one or more prizes
are distributed by chance among persons who have paid or promised
consideration for a chance to win such prizes, whether such scheme or
procedure is called a lottery, raffle, gift, sale or some other name.
(c) A "policy game" is any scheme or procedure whereby a person promises
or guarantees by any instrument, bill, certificate, writing, token or other
device that any particular number, character, ticket or certificate shall
in the event of any contingency in the nature of a lottery entitle the
purchaser or holder to receive money, property or evidence of debt.
(Source: P.A. 91‑257, eff. 1‑1‑00.)
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(720 ILCS 5/28‑5) (from Ch. 38, par. 28‑5)
Sec. 28‑5.
Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable of lawful use
or every device used unlawfully for gambling shall be considered a
"gambling device", and shall be subject to seizure, confiscation and
destruction by the Department of State Police or by any municipal, or other
local authority, within whose jurisdiction the same may be found. As used
in this Section, a "gambling device" includes any slot machine, and
includes any machine or device constructed for the reception of money or
other thing of value and so constructed as to return, or to cause someone
to return, on chance to the player thereof money, property or a right to
receive money or property. With the exception of any device designed for
gambling which is incapable of lawful use, no gambling device shall be
forfeited or destroyed unless an individual with a property interest in
said device knows of the unlawful use of the device.
(b) Every gambling device shall be seized and forfeited to the county
wherein such seizure occurs. Any money or other thing of value integrally
related to acts of gambling shall be seized and forfeited to the county
wherein such seizure occurs.
(c) If, within 60 days after any seizure pursuant to subparagraph
(b) of this Section, a person having any property interest in the seized
property is charged with an offense, the court which renders judgment
upon such charge shall, within 30 days after such judgment, conduct a
forfeiture hearing to determine whether such property was a gambling device
at the time of seizure. Such hearing shall be commenced by a written
petition by the State, including material allegations of fact, the name
and address of every person determined by the State to have any property
interest in the seized property, a representation that written notice of
the date, time and place of such hearing has been mailed to every such
person by certified mail at least 10 days before such date, and a
request for forfeiture. Every such person may appear as a party and
present evidence at such hearing. The quantum of proof required shall
be a preponderance of the evidence, and the burden of proof shall be on
the State. If the court determines that the seized property was
a gambling device at the time of seizure, an order of forfeiture and
disposition of the seized property shall be entered: a gambling device
shall be received by the State's Attorney, who shall effect its
destruction, except that valuable parts thereof may be liquidated and
the resultant money shall be deposited in the general fund of the county
wherein such seizure occurred; money and other things of value shall be
received by the State's Attorney and, upon liquidation, shall be
deposited in the general fund of the county wherein such seizure
occurred. However, in the event that a defendant raises the defense
that the seized slot machine is an antique slot machine described in
subparagraph (b) (7) of Section 28‑1 of this Code and therefore he is
exempt from the charge of a gambling activity participant, the seized
antique slot machine shall not be destroyed or otherwise altered until a
final determination is made by the Court as to whether it is such an
antique slot machine. Upon a final determination by the Court of this
question in favor of the defendant, such slot machine shall be
immediately returned to the defendant. Such order of forfeiture and
disposition shall, for the purposes of appeal, be a final order and
judgment in a civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this Section is not
followed by a charge pursuant to subparagraph (c) of this Section, or if
the prosecution of such charge is permanently terminated or indefinitely
discontinued without any judgment of conviction or acquittal (1) the
State's Attorney shall commence an in rem proceeding for the forfeiture
and destruction of a gambling device, or for the forfeiture and deposit
in the general fund of the county of any seized money or other things of
value, or both, in the circuit court and (2) any person having any
property interest in such seized gambling device, money or other thing
of value may commence separate civil proceedings in the manner provided
by law.
(e) Any gambling device displayed for sale to a riverboat gambling
operation or used to train occupational licensees of a riverboat gambling
operation as authorized under the Riverboat Gambling Act is exempt from
seizure under this Section.
(f) Any gambling equipment, devices and supplies provided by a licensed
supplier in accordance with the Riverboat Gambling Act which are removed
from the riverboat for repair are exempt from seizure under this Section.
(Source: P.A. 87‑826.)
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