2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 45. OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY CHAPTER 5. GAMBLING
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IC 35-45-5
Chapter 5. Gambling
IC 35-45-5-0.1
Repealed
(Repealed by P.L.63-2012, SEC.60.)
IC 35-45-5-1
Definitions
Sec. 1. (a) The definitions in this section apply throughout this
chapter.
(b) "Electronic gaming device" means any electromechanical
device, electrical device, or machine that satisfies at least one (1) of
the following requirements:
(1) It is a contrivance which for consideration affords the player
an opportunity to obtain money or other items of value, the
award of which is determined by chance even if accomplished
by some skill, whether or not the prize is automatically paid by
the contrivance.
(2) It is a slot machine or any simulation or variation of a slot
machine.
(3) It is a matchup or lineup game machine or device operated
for consideration, in which two (2) or more numerals, symbols,
letters, or icons align in a winning combination on one (1) or
more lines vertically, horizontally, diagonally, or otherwise,
without assistance by the player. The use of a skill stop is not
considered assistance by the player.
(4) It is a video game machine or device operated for
consideration to play poker, blackjack, any other card game,
keno, or any simulation or variation of these games, including
any game in which numerals, numbers, pictures, representations,
or symbols are used as an equivalent or substitute for the cards
used in these games.
The term does not include a toy crane machine or any other device
played for amusement that rewards a player exclusively with a toy,
a novelty, candy, other noncash merchandise, or a ticket or coupon
redeemable for a toy, a novelty, or other noncash merchandise that
has a wholesale value of not more than the lesser of ten (10) times the
amount charged to play the amusement device one (1) time or
twenty-five dollars ($25).
(c) "Gain" means the direct realization of winnings.
(d) "Gambling" means risking money or other property for gain,
contingent in whole or in part upon lot, chance, or the operation of a
gambling device, but it does not include participating in:
(1) bona fide contests of skill, speed, strength, or endurance in
which awards are made only to entrants or the owners of entries;
or
(2) bona fide business transactions that are valid under the law
of contracts.
(e) "Gambling device" means:
(1) a mechanism by the operation of which a right to money or
other property may be credited, in return for consideration, as
the result of the operation of an element of chance;
(2) a mechanism that, when operated for a consideration, does
not return the same value or property for the same consideration
upon each operation;
(3) a mechanism, furniture, fixture, construction, or installation
designed primarily for use in connection with professional
gambling;
(4) a policy ticket or wheel; or
(5) a subassembly or essential part designed or intended for use
in connection with such a device, mechanism, furniture, fixture,
construction, or installation.
In the application of this definition, an immediate and unrecorded
right to replay mechanically conferred on players of pinball machines
and similar amusement devices is presumed to be without value.
(f) "Gambling information" means:
(1) a communication with respect to a wager made in the course
of professional gambling; or
(2) information intended to be used for professional gambling.
(g) "Interactive computer service" means an Internet service, an
information service, a system, or an access software provider that
provides or enables computer access to a computer served by
multiple users. The term includes the following:
(1) A service or system that provides access or is an
intermediary to the Internet.
(2) A system operated or services offered by a library, school,
state educational institution, or private postsecondary
educational institution.
(h) "Operator" means a person who owns, maintains, or operates
an Internet site that is used for interactive gambling.
(i) "Profit" means a realized or unrealized benefit (other than a
gain) and includes benefits from proprietorship or management and
unequal advantage in a series of transactions.
(j) "Tournament" means a contest in which:
(1) the consideration to enter the contest may take the form of
a separate entry fee or the deposit of the required consideration
to play in any manner accepted by the:
(A) video golf machine; or
(B) pinball machine or similar amusement device described
in subsection (m)(2);
on which the entrant will compete;
(2) each player's score is recorded; and
(3) the contest winner and other prize winners are determined by
objectively comparing the recorded scores of the competing
players.
(k) "Toy crane machine" means a device that is used to lift prizes
from an enclosed space by manipulating a mechanical claw.
(l) For purposes of this chapter:
(1) a card game; or
(2) an electronic version of a card game;
is a game of chance and may not be considered a bona fide contest of
skill.
(m) In the application of the definition of gambling set forth in
subsection (d), the payment of consideration to participate in a
tournament conducted on:
(1) video golf games; or
(2) pinball machines and similar amusement devices that award
no prizes other than to mechanically confer an immediate and
unrecorded right to replay on players that is presumed to be
without value under this section;
is not considered gambling even if the value of a prize awarded in the
course of the tournament exceeds the amount of the player's
consideration.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.80; P.L.70-2005, SEC.2; P.L.2-2007, SEC.377;
P.L.227-2007, SEC.64; P.L.3-2008, SEC.252.
IC 35-45-5-2
Unlawful gambling
Sec. 2. (a) A person who knowingly or intentionally engages in
gambling commits unlawful gambling.
(b) Except as provided in subsection (c), unlawful gambling is a
Class B misdemeanor.
(c) An operator who knowingly or intentionally uses the Internet
to engage in unlawful gambling:
(1) in Indiana; or
(2) with a person located in Indiana;
commits a Level 6 felony.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.81; P.L.70-2005, SEC.3; P.L.158-2013, SEC.530.
IC 35-45-5-3
Professional gambling; professional gambling over the Internet
Sec. 3. (a) A person who knowingly or intentionally:
(1) engages in pool-selling;
(2) engages in bookmaking;
(3) maintains, in a place accessible to the public, slot machines,
one-ball machines or variants thereof, pinball machines that
award anything other than an immediate and unrecorded right
of replay, roulette wheels, dice tables, or money or merchandise
pushcards, punchboards, jars, or spindles;
(4) conducts lotteries or policy or numbers games or sells
chances therein;
(5) conducts any banking or percentage games played with
cards, dice, or counters, or accepts any fixed share of the stakes
therein; or
(6) accepts, or offers to accept, for profit, money, or other
property risked in gambling;
commits professional gambling, a Level 6 felony. However, the
offense is a Level 5 felony if the person has a prior unrelated
conviction under this subsection.
(b) An operator who knowingly or intentionally uses the Internet
to:
(1) engage in pool-selling:
(A) in Indiana; or
(B) in a transaction directly involving a person located in
Indiana;
(2) engage in bookmaking:
(A) in Indiana; or
(B) in a transaction directly involving a person located in
Indiana;
(3) maintain, on an Internet site accessible to residents of
Indiana, the equivalent of:
(A) slot machines;
(B) one-ball machines or variants of one-ball machines;
(C) pinball machines that award anything other than an
immediate and unrecorded right of replay;
(D) roulette wheels;
(E) dice tables; or
(F) money or merchandise pushcards, punchboards, jars, or
spindles;
(4) conduct lotteries or policy or numbers games or sell chances
in lotteries or policy or numbers games:
(A) in Indiana; or
(B) in a transaction directly involving a person located in
Indiana;
(5) conduct any banking or percentage games played with the
computer equivalent of cards, dice, or counters, or accept any
fixed share of the stakes in those games:
(A) in Indiana; or
(B) in a transaction directly involving a person located in
Indiana; or
(6) accept, or offer to accept, for profit, money or other property
risked in gambling:
(A) in Indiana; or
(B) in a transaction directly involving a person located in
Indiana;
commits professional gambling over the Internet, a Level 6 felony.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.82; P.L.70-2005, SEC.4; P.L.227-2007, SEC.65;
P.L.158-2013, SEC.531.
IC 35-45-5-3.5
Possession of electronic gaming device; maintaining a professional
gambling site; exception for antique slot machines possessed for
decorative, historic, or nostalgic purposes
Sec. 3.5. (a) Except as provided in subsection (c), a person who
possesses an electronic gaming device commits a Class A infraction.
(b) A person who knowingly or intentionally accepts or offers to
accept for profit, money, or other property risked in gambling on an
electronic gaming device possessed by the person commits
maintaining a professional gambling site, a Level 6 felony. However,
the offense is a Level 5 felony if the person has a prior unrelated
conviction under this subsection.
(c) Subsection (a) does not apply to a person who:
(1) possesses an antique slot machine;
(2) restricts display and use of the antique slot machine to the
person's private residence; and
(3) does not use the antique slot machine for profit.
(d) As used in this section, "antique slot machine" refers to a slot
machine that is:
(1) at least forty (40) years old; and
(2) possessed and used for decorative, historic, or nostalgic
purposes.
As added by P.L.227-2007, SEC.66. Amended by P.L.158-2013,
SEC.532.
IC 35-45-5-4
Promoting professional gambling; acts constituting; boat
manufacturers; public utilities
Sec. 4. (a) Except as provided in subsections (b) and (d), a person
who:
(1) knowingly or intentionally owns, manufactures, possesses,
buys, sells, rents, leases, repairs, or transports a gambling
device, or offers or solicits an interest in a gambling device;
(2) before a race, game, contest, or event on which gambling
may be conducted, knowingly or intentionally transmits or
receives gambling information by any means, or knowingly or
intentionally installs or maintains equipment for the
transmission or receipt of gambling information; or
(3) having control over the use of a place, knowingly or
intentionally permits another person to use the place for
professional gambling;
commits promoting professional gambling, a Level 6 felony.
However, the offense is a Level 5 felony if the person has a prior
unrelated conviction under this section.
(b) Subsection (a)(1) does not apply to a boat manufacturer who:
(1) transports or possesses a gambling device solely for the
purpose of installing that device in a boat that is to be sold and
transported to a buyer; and
(2) does not display the gambling device to the general public
or make the device available for use in Indiana.
(c) When a public utility is notified by a law enforcement agency
acting within its jurisdiction that any service, facility, or equipment
furnished by it is being used or will be used to violate this section, it
shall discontinue or refuse to furnish that service, facility, or
equipment, and no damages, penalty, or forfeiture, civil or criminal,
may be found against a public utility for an act done in compliance
with such a notice. This subsection does not prejudice the right of a
person affected by it to secure an appropriate determination, as
otherwise provided by law, that the service, facility, or equipment
should not be discontinued or refused, or should be restored.
(d) Subsection (a)(1) does not apply to a person who:
(1) possesses an antique slot machine;
(2) restricts display and use of the antique slot machine to the
person's private residence; and
(3) does not use the antique slot machine for profit.
(e) As used in this section, "antique slot machine" refers to a slot
machine that is:
(1) at least forty (40) years old; and
(2) possessed and used for decorative, historic, or nostalgic
purposes.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.83; P.L.164-1990, SEC.1; P.L.20-1995, SEC.19;
P.L.227-2007, SEC.67; P.L.158-2013, SEC.533.
IC 35-45-5-4.5
Notice of illegal gambling to operator
Sec. 4.5. (a) A prosecuting attorney may send written notice to an
operator described in section 2(c) or 3(b) of this chapter. The notice
must:
(1) specify the illegal gambling activity;
(2) state that the operator has not more than thirty (30) days
after the date the notice is received to remove the illegal
gambling activity; and
(3) state that failure to remove the illegal gambling activity not
more than thirty (30) days after receiving the notice may result
in the filing of criminal charges against the operator.
A prosecuting attorney who sends a notice under this section shall
forward a copy of the notice to the attorney general. The attorney
general shall maintain a depository to collect, maintain, and retain
each notice sent under this section.
(b) The manner of service of a notice under subsection (a) must
be:
(1) in compliance with Rule 4.1, 4.4, 4.6, or 4.7 of the Indiana
Rules of Trial Procedure; or
(2) by publication in compliance with Rule 4.13 of the Indiana
Rules of Trial Procedure if service cannot be made under
subdivision (1) after a diligent search for the operator.
(c) A notice served under subsection (a):
(1) is admissible in a criminal proceeding under this chapter;
and
(2) constitutes prima facie evidence that the operator had
knowledge that illegal gambling was occurring on the operator's
Internet site.
(d) A person outside Indiana who transmits information on a
computer network (as defined in IC 35-43-2-3) and who knows or
should know that the information is broadcast in Indiana submits to
the jurisdiction of Indiana courts for prosecution under this section.
As added by P.L.70-2005, SEC.5.
IC 35-45-5-4.6
Blocking certain electronic mail messages
Sec. 4.6. (a) An interactive computer service may, on its own
initiative, block the receipt or transmission through its service of any
commercial electronic mail message that it reasonably believes is or
will be sent in violation of this chapter.
(b) An interactive computer service is not liable for such action.
As added by P.L.70-2005, SEC.6.
IC 35-45-5-4.7
Right of action by interactive computer service; defenses;
remedies; jurisdiction
Sec. 4.7. (a) An interactive computer service that handles or
retransmits a commercial electronic mail message has a right of
action against a person who initiates or assists the transmission of the
commercial electronic mail message that violates this chapter.
(b) This chapter does not provide a right of action against:
(1) an interactive computer service;
(2) a telephone company;
(3) a CMRS provider (as defined in IC 36-8-16.7-6);
(4) a cable operator (as defined in 47 U.S.C. 522(5)); or
(5) any other entity that primarily provides connectivity to an
operator;
if the entity's equipment is used only to transport, handle, or
retransmit information that violates this chapter and is not capable of
blocking the retransmission of information that violates this chapter.
(c) It is a defense to an action under this section if the defendant
shows by a preponderance of the evidence that the violation of this
chapter resulted from a good faith error and occurred notwithstanding
the maintenance of procedures reasonably adopted to avoid violating
this chapter.
(d) If the plaintiff prevails in an action filed under this section, the
plaintiff is entitled to the following:
(1) An injunction to enjoin future violations of this chapter.
(2) Compensatory damages equal to any actual damage proven
by the plaintiff to have resulted from the initiation of the
commercial electronic mail message. If the plaintiff does not
prove actual damage, the plaintiff is entitled to presumptive
damages of five hundred dollars ($500) for each commercial
electronic mail message that violates this chapter and that is sent
by the defendant:
(A) to the plaintiff; or
(B) through the plaintiff's interactive computer service.
(3) The plaintiff's reasonable attorney's fees and other litigation
costs reasonably incurred in connection with the action.
(e) A person outside Indiana who:
(1) initiates or assists the transmission of a commercial
electronic mail message that violates this chapter; and
(2) knows or should know that the commercial electronic mail
message will be received in Indiana;
submits to the jurisdiction of Indiana courts for purposes of this
chapter.
As added by P.L.70-2005, SEC.7. Amended by P.L.27-2006, SEC.60;
P.L.132-2012, SEC.8.
IC 35-45-5-5
Pari-mutuel wagering; application of chapter
Sec. 5. The provisions of this chapter do not apply to pari-mutuel
wagering conducted at racetrack locations or satellite facilities
licensed for pari-mutuel wagering under IC 4-31.
As added by Acts 1977, P.L.47, SEC.3. Amended by
P.L.341-1989(ss), SEC.13; P.L.24-1992, SEC.61.
IC 35-45-5-6
Sale of lottery tickets; application of chapter
Sec. 6. This chapter does not apply to the sale of lottery tickets
authorized by IC 4-30.
As added by P.L.341-1989(ss), SEC.14.
IC 35-45-5-7
Advertisements; wagering; application of chapter
Sec. 7. This chapter does not apply to the publication or broadcast
of an advertisement, a list of prizes, or other information concerning:
(1) pari-mutuel wagering on horse races or a lottery authorized
by the law of any state;
(2) a game of chance operated in accordance with IC 4-32.2;
(3) a gambling game operated in accordance with IC 4-35; or
(4) a prize linked savings program that:
(A) is offered or conducted by an eligible financial
institution under IC 28-1-23.2; or
(B) is:
(i) offered or conducted by a credit union organized or
reorganized under United States law; and
(ii) conducted in the same manner as a prize linked savings
program under IC 28-1-23.2.
As added by P.L.217-1991, SEC.1. Amended by P.L.91-2006,
SEC.13; P.L.233-2007, SEC.33; P.L.135-2014, SEC.4.
IC 35-45-5-8
Sale and use of gambling devices; application of chapter
Sec. 8. This chapter does not apply to the sale or use of gambling
devices authorized under IC 4-32.2.
As added by P.L.24-1992, SEC.62. Amended by P.L.91-2006,
SEC.14.
IC 35-45-5-10
Riverboat gambling
Sec. 10. This chapter does not apply to riverboat gambling
authorized by IC 4-33.
As added by P.L.277-1993(ss), SEC.132.
IC 35-45-5-11
Slot machines at racetracks
Sec. 11. This chapter does not apply to a gambling game
authorized by IC 4-35.
As added by P.L.233-2007, SEC.34.
IC 35-45-5-12
Authorized gaming in taverns
Sec. 12. This chapter does not apply to the following gambling
games licensed or authorized under IC 4-36:
(1) Raffles and winner take all drawings conducted under
IC 4-36-5-1.
(2) Type II gambling games.
As added by P.L.95-2008, SEC.16. Amended by P.L.108-2009,
SEC.23.
IC 35-45-5-13
Prize linked savings programs
Sec. 13. This chapter does not apply to a prize linked savings
program that:
(1) is offered or conducted by an eligible financial institution
under IC 28-1-23.2; or
(2) is:
(A) offered or conducted by a credit union organized or
reorganized under United States law; and
(B) conducted in the same manner as a prize linked savings
program under IC 28-1-23.2.
As added by P.L.135-2014, SEC.5.
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