2016 Indiana Code
TITLE 4. STATE OFFICES AND ADMINISTRATION
ARTICLE 35. GAMBLING GAMES AT RACETRACKS
CHAPTER 9. PENALTIES
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IC 4-35-9
Chapter 9. Penalties
IC 4-35-9-1
Application of chapter
Sec. 1. This chapter applies only to gambling games authorized
under this article.
As added by P.L.233-2007, SEC.21.
IC 4-35-9-2
Aiding, inducing, or causing an underage person to enter; Class A
misdemeanor
Sec. 2. A person who knowingly or intentionally aids, induces, or
causes a person who is:
(1) less than twenty-one (21) years of age; and
(2) not an employee of a licensee;
to enter or attempt to enter the licensee's gambling game facility
commits a Class A misdemeanor.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015,
SEC.52.
IC 4-35-9-3
Repealed
(As added by P.L.233-2007, SEC.21. Repealed by P.L.158-2013,
SEC.74.)
IC 4-35-9-3.5
Underage entry
Sec. 3.5. (a) A person who:
(1) is not an employee of a licensee;
(2) is less than twenty-one (21) years of age; and
(3) enters the licensee's gambling game facility;
commits a Class C infraction.
(b) A person who:
(1) is not an employee of a licensee;
(2) is less than twenty-one (21) years of age; and
(3) attempts to enter the licensee's gambling game facility;
commits a Class C infraction.
As added by P.L.158-2013, SEC.75. Amended by P.L.255-2015,
SEC.53.
IC 4-35-9-4
Other Class A misdemeanors
Sec. 4. A person who knowingly or intentionally:
(1) makes a false statement on an application submitted under
this article;
(2) conducts a gambling game in a manner other than the
manner required under this article; or
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(3) wagers or accepts a wager at a location other than a
licensee's gambling game facility;
commits a Class A misdemeanor.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015,
SEC.54.
IC 4-35-9-5
Level 6 felonies
Sec. 5. A person who knowingly or intentionally does any of the
following commits a Level 6 felony:
(1) Offers, promises, or gives anything of value or benefit:
(A) to a person who is connected with a licensee, including
an officer or employee of a licensee; and
(B) under an agreement to influence or with the intent to
influence:
(i) the actions of the person to whom the offer, promise, or
gift was made in order to affect or attempt to affect the
outcome of a gambling game; or
(ii) an official action of a commission member.
(2) Solicits, accepts, or receives a promise of anything of value
or benefit:
(A) while the person is connected with a licensee, including
as an officer or employee of a licensee; and
(B) under an agreement to influence or with the intent to
influence:
(i) the actions of the person to affect or attempt to affect
the outcome of a gambling game; or
(ii) an official action of a commission member.
(3) Uses or possesses with the intent to use a device to assist in:
(A) projecting the outcome of a gambling game;
(B) analyzing the probability of the occurrence of an event
related to a gambling game; or
(C) analyzing the strategy for playing or betting to be used
in a gambling game, except as permitted by the commission.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any game or device that
is intended to be used to violate this article.
(6) Alters or misrepresents the outcome of a gambling game on
which wagers have been made after the outcome is made sure
but before the outcome is revealed to the players.
(7) Places a bet on the outcome of a gambling game after
acquiring knowledge that:
(A) is not available to all players; and
(B) concerns the outcome of the gambling game that is the
subject of the bet.
(8) Aids a person in acquiring the knowledge described in
subdivision (7) to place a bet contingent on the outcome of a
gambling game.
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(9) Claims, collects, takes, or attempts to claim, collect, or take
money or anything of value in or from a gambling game:
(A) with the intent to defraud; or
(B) without having made a wager contingent on winning a
gambling game.
(10) Claims, collects, or takes an amount of money or a thing of
value that is of greater value than the amount won in a gambling
game.
(11) Uses or possesses counterfeit tokens in or for use in a
gambling game.
(12) Possesses a key or device designed for:
(A) opening, entering, or affecting the operation of a
gambling game, a drop box, or an electronic or a mechanical
device connected with the gambling game; or
(B) removing coins, tokens, or other contents of a gambling
game.
This subdivision does not apply to a licensee or an employee of
a licensee acting in the course of the employee's employment.
(13) Possesses materials used to manufacture a slug or device
intended to be used in a manner that violates this article.
As added by P.L.233-2007, SEC.21. Amended by P.L.158-2013,
SEC.76.
IC 4-35-9-6
Persons prohibited from wagering
Sec. 6. (a) The following individuals may not wager on gambling
games at a facility licensed under this article:
(1) A member of the commission.
(2) An employee of the commission.
(3) The spouse of any individual listed in subdivisions (1) and
(2).
(b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
As added by P.L.221-2013, SEC.5.
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