2005 Nevada Revised Statutes - Chapter 465 — Crimes and Liabilities Concerning Gaming

CHAPTER 465 - CRIMES AND LIABILITIESCONCERNING GAMING

GENERAL PROVISIONS

NRS 465.015 Definitions.

UNLAWFUL ACTS AND EQUIPMENT

NRS 465.070 Fraudulentacts.

NRS 465.075 Useof device for calculating probabilities.

NRS 465.080 Useof counterfeit, unapproved or unlawful wagering instruments; possession ofcertain unlawful devices, equipment, products or materials.

NRS 465.083 Cheating.

NRS 465.085 Unlawfulmanufacture, sale, distribution, marking, altering or modification of equipmentand devices associated with gaming; unlawful instruction.

NRS 465.088 Penaltiesfor violation of NRS 465.070 to 465.085, inclusive.

NRS 465.090 Unlawfuldissemination of information concerning racing; exemptions; penalty.

TRANSACTION OF WAGERS THROUGH MEDIUMS OF COMMUNICATION

NRS 465.091 Mediumof communication defined.

NRS 465.092 Accepting,receiving or allowing another to accept or receive wager from person physicallypresent in this state prohibited under certain circumstances; penalty.

NRS 465.093 Placing,sending, transmitting or relaying wagers to another person prohibited undercertain circumstances; penalty.

NRS 465.094 Limitationon applicability of NRS 465.092 and 465.093.

MISCELLANEOUS

NRS 465.101 Detentionand questioning of person suspected of violating chapter; limitations onliability; posting of notice.

NRS 465.110 Dispositionof evidence seized by agent of State Gaming Control Board.

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GENERAL PROVISIONS

NRS 465.015 Definitions. As used in this chapter:

1. Cheat means to alter the elements of chance,method of selection or criteria which determine:

(a) The result of a game;

(b) The amount or frequency of payment in a game;

(c) The value of a wagering instrument; or

(d) The value of a wagering credit.

2. The words and terms defined in chapter 463 of NRS have the meanings ascribed tothem in that chapter.

(Added to NRS by 1981, 1292; A 1993, 830; 1995, 1502)

UNLAWFUL ACTS AND EQUIPMENT

NRS 465.070 Fraudulentacts. It is unlawful for any person:

1. To alter or misrepresent the outcome of a game orother event on which wagers have been made after the outcome is made sure butbefore it is revealed to the players.

2. To place, increase or decrease a bet or todetermine the course of play after acquiring knowledge, not available to allplayers, of the outcome of the game or any event that affects the outcome ofthe game or which is the subject of the bet or to aid anyone in acquiring suchknowledge for the purpose of placing, increasing or decreasing a bet ordetermining the course of play contingent upon that event or outcome.

3. To claim, collect or take, or attempt to claim,collect or take, money or anything of value in or from a gambling game, withintent to defraud, without having made a wager contingent thereon, or to claim,collect or take an amount greater than the amount won.

4. Knowingly to entice or induce another to go to anyplace where a gambling game is being conducted or operated in violation of theprovisions of this chapter, with the intent that the other person play orparticipate in that gambling game.

5. To place or increase a bet after acquiringknowledge of the outcome of the game or other event which is the subject of thebet, including past-posting and pressing bets.

6. To reduce the amount wagered or cancel the betafter acquiring knowledge of the outcome of the game or other event which isthe subject of the bet, including pinching bets.

7. To manipulate, with the intent to cheat, anycomponent of a gaming device in a manner contrary to the designed and normaloperational purpose for the component, including, but not limited to, varyingthe pull of the handle of a slot machine, with knowledge that the manipulationaffects the outcome of the game or with knowledge of any event that affects theoutcome of the game.

8. To offer, promise or give anything of value toanyone for the purpose of influencing the outcome of a race, sporting event,contest or game upon which a wager may be made, or to place, increase ordecrease a wager after acquiring knowledge, not available to the generalpublic, that anyone has been offered, promised or given anything of value forthe purpose of influencing the outcome of the race, sporting event, contest orgame upon which the wager is placed, increased or decreased.

9. To change or alter the normal outcome of any gameplayed on an interactive gaming system or a mobile gaming system or the way inwhich the outcome is reported to any participant in the game.

[1911 C&P 198; RL 6463; NCL 10146] + [1911C&P 199; RL 6464; NCL 10147](NRS A 1967, 587; 1977, 477; 1979, 1476;1981, 1292; 1987, 414; 1989, 1112; 2001, 3095; 2005, 723)

NRS 465.075 Useof device for calculating probabilities. It isunlawful for any person at a licensed gaming establishment to use, or possesswith the intent to use, any device to assist:

1. In projecting the outcome of the game;

2. In keeping track of the cards played;

3. In analyzing the probability of the occurrence ofan event relating to the game; or

4. In analyzing the strategy for playing or betting tobe used in the game,

except aspermitted by the Commission.

(Added to NRS by 1985, 970)

NRS 465.080 Useof counterfeit, unapproved or unlawful wagering instruments; possession ofcertain unlawful devices, equipment, products or materials.

1. It is unlawful for any licensee, employee or otherperson to use counterfeit chips, counterfeit debit instruments or othercounterfeit wagering instruments in a gambling game, associated equipment or acashless wagering system.

2. It is unlawful for any person, in playing or usingany gambling game, associated equipment or cashless wagering system designed tobe played with, receive or be operated by chips, tokens, wagering credits orother wagering instruments approved by the State Gaming Control Board or bylawful coin of the United States of America:

(a) Knowingly to use other than chips, tokens, wageringcredits or other wagering instruments approved by the State Gaming ControlBoard or lawful coin, legal tender of the United States of America, or to usecoin or tokens not of the same denomination as the coin or tokens intended tobe used in that gambling game, associated equipment or cashless wageringsystem; or

(b) To use any device or means to violate theprovisions of this chapter.

3. It is unlawful for any person, not a dulyauthorized employee of a licensee acting in furtherance of his employmentwithin an establishment, to have on his person or in his possession on or offthe premises of any licensed gaming establishment any device intended to beused to violate the provisions of this chapter.

4. It is unlawful for any person, not a dulyauthorized employee of a licensee acting in furtherance of his employmentwithin an establishment, to have on his person or in his possession on or offthe premises of any licensed gaming establishment any key or device known tohave been designed for the purpose of and suitable for opening, entering oraffecting the operation of any gambling game, cashless wagering system or dropbox, or any electronic or mechanical device connected thereto, or for removingmoney or other contents therefrom.

5. It is unlawful for any person to have on his personor in his possession any paraphernalia for manufacturing slugs. As used in thissubsection, paraphernalia for manufacturing slugs means the equipment,products and materials that are intended for use or designed for use inmanufacturing, producing, fabricating, preparing, testing, analyzing,packaging, storing or concealing a counterfeit facsimile of the chips, tokens,debit instruments or other wagering instruments approved by the State GamingControl Board or a lawful coin of the United States, the use of which isunlawful pursuant to subsection 2. The term includes, but is not limited to:

(a) Lead or lead alloys;

(b) Molds, forms or similar equipment capable ofproducing a likeness of a gaming token or United States coin;

(c) Melting pots or other receptacles;

(d) Torches;

(e) Tongs, trimming tools or other similar equipment;and

(f) Equipment which can be reasonably demonstrated tomanufacture facsimiles of debit instruments or wagering instruments approved bythe State Gaming Control Board.

6. Possession of more than one of the devices,equipment, products or materials described in this section permits a rebuttableinference that the possessor intended to use them for cheating.

[1:239:1951; A 1955, 13] + [2:239:1951](NRS A 1965,1467; 1967, 588; 1973, 445; 1977, 475; 1979, 1477; 1981, 1293; 1989, 971; 1991,939; 1993, 830; 1995, 1502)

NRS 465.083 Cheating. It is unlawful for any person, whether he is an owner oremployee of or a player in an establishment, to cheat at any gambling game.

(Added to NRS by 1967, 1282; A 1969, 408; 1977, 325;1979, 1478; 1981, 1294)

NRS 465.085 Unlawfulmanufacture, sale, distribution, marking, altering or modification of equipmentand devices associated with gaming; unlawful instruction.

1. It is unlawful to manufacture, sell or distributeany cards, chips, dice, game or device which is intended to be used to violateany provision of this chapter.

2. It is unlawful to mark, alter or otherwise modifyany associated equipment or gaming device, as defined in chapter 463 of NRS, in a manner that:

(a) Affects the result of a wager by determining win orloss; or

(b) Alters the normal criteria of random selection,which affects the operation of a game or which determines the outcome of agame.

3. It is unlawful for any person to instruct another incheating or in the use of any device for that purpose, with the knowledge orintent that the information or use so conveyed may be employed to violate anyprovision of this chapter.

(Added to NRS by 1967, 1283; A 1975, 697; 1977, 386;1979, 1478; 1981, 1294; 1989, 972)

NRS 465.088 Penaltiesfor violation of NRS 465.070 to 465.085, inclusive.

1. A person who violates any provision of NRS 465.070 to 465.085, inclusive, is guilty of a categoryB felony and shall be punished:

(a) For the first offense, by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 6 years, or by a fine of not more than $10,000, or by both fine andimprisonment.

(b) For a second or subsequent violation of any ofthese provisions, by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 6 years, and may befurther punished by a fine of not more than $10,000. The court shall notsuspend a sentence of imprisonment imposed pursuant to this paragraph, or grantprobation to the person convicted.

2. A person who attempts, or two or more persons whoconspire, to violate any provision of NRS465.070 to 465.085, inclusive, eachis guilty of a category B felony and shall be punished by imposing the penaltyprovided in subsection 1 for the completed crime, whether or not he personallyplayed any gambling game or used any prohibited device.

(Added to NRS by 1981, 1292; A 1985, 970; 1995, 1295)

NRS 465.090 Unlawfuldissemination of information concerning racing; exemptions; penalty.

1. It is unlawful for a person to furnish ordisseminate any information in regard to racing or races, from any point withinthis state to any point outside the State of Nevada, by telephone, telegraph,teletype, radio or any signaling device, with the intention that theinformation is to be used to induce betting or wagering on the result of therace or races, or with the intention that the information is to be used todecide the result of any bet or wager made upon the race or races.

2. This section does not prohibit:

(a) A newspaper of general circulation from printingand disseminating news concerning races that are to be run or the results ofraces that have been run; or

(b) The furnishing or dissemination of informationconcerning wagers made in an off-track pari-mutuel system of wagering approvedby the Nevada Gaming Commission.

3. A person who violates the provisions of thissection is guilty of a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 1 year and a maximumterm of not more than 6 years, or by a fine of not more than $5,000, or by bothfine and imprisonment.

[1:134:1941; 1931 NCL 6225] + [2:134:1941; 1931 NCL 6225.01](NRS A 1967, 588; 1979, 1478; 1989, 711; 1995, 1296)

TRANSACTION OF WAGERS THROUGH MEDIUMS OF COMMUNICATION

NRS 465.091 Mediumof communication defined. As used in NRS 465.091 to 465.094, inclusive, unless the contextotherwise requires, medium of communication includes, but is not limited to,mail, telephone, television, telegraph, facsimile, cable, wire, the Internet orany other similar medium.

(Added to NRS by 1997, 3318)

NRS 465.092 Accepting,receiving or allowing another to accept or receive wager from person physicallypresent in this state prohibited under certain circumstances; penalty.

1. Except asotherwise provided in NRS 465.094, aperson, alone or with others, shall not knowingly, within or outside of thisstate:

(a) Accept or receive, directly or indirectly, throughany medium of communication a wager from another person who is physicallypresent within this state; or

(b) Allow a lessee, agent or employee to accept orreceive, directly or indirectly, through any medium of communication a wagerfrom another person who is physically present within this state.

2. If a person engages in conduct in violation ofsubsection 1 and the person is outside of this state at the time of theoffense:

(a) The offense shall be deemed to commence outside ofthis state;

(b) The offense shall be deemed to be consummatedwithin this state; and

(c) The person may be prosecuted within this statepursuant to the provisions of NRS 171.015.

3. A person who violates the provisions of thissection is guilty of a misdemeanor.

(Added to NRS by 1997, 3318)

NRS 465.093 Placing,sending, transmitting or relaying wagers to another person prohibited undercertain circumstances; penalty.

1. Except asotherwise provided in NRS 465.094, aperson, alone or with others, shall not knowingly:

(a) From within this state, place, send, transmit orrelay through a medium of communication a wager to another person or anestablishment that is located within or outside of this state; or

(b) From outside of this state, place, send, transmitor relay through a medium of communication a wager to another person or anestablishment that is located within this state.

2. A person who violates the provisions of thissection is guilty of a misdemeanor.

(Added to NRS by 1997, 3319)

NRS 465.094 Limitationon applicability of NRS 465.092 and 465.093. Theprovisions of NRS 465.092 and 465.093 do not apply to a wager placed by aperson for his own benefit or, without compensation, for the benefit of anotherthat is accepted or received by, placed with, or sent, transmitted or relayedto:

1. A race book or sports pool that is licensedpursuant to chapter 463 of NRS, if the wageris accepted or received within this State and otherwise complies with all otherapplicable laws and regulations concerning wagering;

2. A person who is licensed to engage in off-trackpari-mutuel wagering pursuant to chapter 464of NRS, if the wager is accepted or received within this State and otherwisecomplies with subsection 3 of NRS 464.020and all other applicable laws and regulations concerning wagering;

3. A person who is licensed to operate a mobile gamingsystem pursuant to chapter 463 of NRS, if thewager is accepted or received within this State and otherwise complies with allother applicable laws and regulations concerning wagering; or

4. Any other person or establishment that is licensedto engage in wagering pursuant to title 41 of NRS, if the wager is accepted orreceived within this State and otherwise complies with all other applicablelaws and regulations concerning wagering.

(Added to NRS by 1997, 3319; A 2005, 724)

MISCELLANEOUS

NRS 465.101 Detentionand questioning of person suspected of violating chapter; limitations onliability; posting of notice.

1. Any licensee, or his officers, employees or agentsmay question any person in his establishment suspected of violating any of theprovisions of this chapter. No licensee or any of his officers, employees oragents is criminally or civilly liable:

(a) On account of any such questioning; or

(b) For reporting to the State Gaming Control Board orlaw enforcement authorities the person suspected of the violation.

2. Any licensee or any of his officers, employees oragents who has probable cause for believing that there has been a violation ofthis chapter in his establishment by any person may take that person intocustody and detain him in the establishment in a reasonable manner and for areasonable length of time. Such a taking into custody and detention does notrender the licensee or his officers, employees or agents criminally or civillyliable unless it is established by clear and convincing evidence that thetaking into custody and detention are unreasonable under all the circumstances.

3. No licensee or his officers, employees or agentsare entitled to the immunity from liability provided for in subsection 2 unlessthere is displayed in a conspicuous place in his establishment a notice inboldface type clearly legible and in substantially this form:

 

Any gaming licensee, or anyof his officers, employees or agents who has probable cause for believing thatany person has violated any provision of chapter465 of NRS prohibiting cheating in gaming may detain that person in theestablishment.

 

(Added to NRS by 1971, 580; A 1973, 446; 1981, 1295;1983, 564)

NRS 465.110 Dispositionof evidence seized by agent of State Gaming Control Board.

1. After the final adjudication of a complaintinvolving a violation of this chapter or chapters462 to 464, inclusive, of NRS, or of anyother complaint involving the seizure of evidence by an agent of the Board, thecourt may enter an appropriate order disposing of all physical evidencepertaining to the complaint, whether or not the evidence was introduced as anexhibit.

2. Except as otherwise provided in subsection 3,evidence seized by an agent of the Board which does not result in a complaintcharging a violation of the law and evidence for which an order of dispositionis not entered pursuant to subsection 1, must be disposed of as follows:

(a) The Board shall notify by certified mail eachpotential claimant of the evidence that he has 30 days after receipt of thenotice within which to file a written claim with the Board for return of theevidence.

(b) If more than one person files a claim for theevidence:

(1) The claimants may agree among themselves asto how they wish to divide the evidence, subject to the approval of the Board;

(2) The claimants may agree to submit the matterto binding arbitration or any claimant may institute legal proceedings todetermine the proper disposition of the evidence; or

(3) The Board may file an action as aninterpleader pursuant to N.R.C.P.22 to determine the rightful claimant.

The Boardshall transfer the property to the claimants in accordance with any agreementapproved by the Board, final judgment or award made pursuant to the provisionsof this section.

(c) A person who receives property from the Boardpursuant to this section shall execute such documents as are required by theBoard to defend, hold harmless, indemnify and release the Board from anyliability arising from the delivery of the property to the claimant.

(d) If no claim is submitted, the Board shall depositall money in the State Treasury for credit to the State General Fund and mayuse all other property for any lawful purpose. The Board may dispose of anyproperty which cannot be used for any lawful purpose in the manner provided in NRS 179.165.

3. Evidence which constitutes a device for cheating maynot be returned to a claimant and must be retained by the Board. The Boardshall periodically destroy such devices in the manner provided by regulationsadopted by the Commission.

(Added to NRS by 1987, 414; A 1989, 972; 1991, 1080)

 

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