State Sponsored Gambling
The Commonwealth of Massachusetts sponsors an assortment of lottery games – Megabucks, Mass Cash, Mega Millions, scratch tickets and the insidious Keno. As interest wanes in a particular lottery, the Massachusetts lottery trots out a new version, advertises it on radio and television, and reaps the bounty. To give the buyers the impression that scratch tickets involve something more than rubbing off squares or circles of dry silver colored paste, the Massachusetts Lottery gives these tickets exciting casino names like “Lucky Dice,” “Blackjack,” “Lucky 7’s,” “One-Eyed Jack,” and “Joker’s Wild.”
These are games of chance only. Commonwealth vs. Plissner, 295 Mass. 457, 463 (1936). The buyer is lucky or unlucky and there is little to nothing he can do to improve his odds. And these are long, long, long odds.
The Commonwealth of Massachusetts is making billions off gaming. Who buys the most lottery tickets? The poor and the gambling addicts. For the poor, a lottery ticket likely represents their only chance at the “good life.” To the gambling addict, a lottery ticket is a momentary distraction from his inner misery. Like a drug dealer-peddling crack on a street corner, the Commonwealth cares nothing at all for the downtrodden it hoodwinks into betting on a long shot, the lonely it turns into Keno zombies transfixed by a dusty television screen, or the afflicted it turns into gambling junkies. At least a Las Vegas casino serves you a free drink, offers entertainment, and may comp you a nice suite. You can lose a craps and still have a good time. For the Commonwealth, all that matters is the profit generated by the lottery.
Legality of Poker in Massachusetts
Playing poker for money – a game largely of skill – remains illegal according to the Massachusetts Attorney General’s Office, even if played for small stakes by a group of friends in someone’s home. See, Massachusetts Attorney General’s Office Advisory. Enjoy a few beers and laughs with your buddies over a card game and you place yourself at risk for criminal prosecution. For simply hosting a “home game,” a person may be charged under G.L. c. 271, §7 with a misdemeanor punishable by fines of up to $1,000.00 and up to one year in the House of Correction or with a felony punishable by fines of up to $3,000.00 and up to three years in state prison.
The Attorney General’s Office is, arguably, incorrect about the legality of poker. It classifies poker as a “lottery” made unlawful by G.L. c. 271, §7 – a very outdated statute. A game is considered an illegal “lottery” if:
- Players pay something of value to play the game (including entry fees and charitable donations) or bet money or anything of value during the course of the game; and,
- Winning players receive something of value, and
- The game is considered a game of chance.
Poker is a Game of Skill
To date, no Massachusetts court has determined whether poker falls within the category of a “lottery” for purposes of applying the state’s archaic anti-gambling laws. Nevertheless, in determining whether a game is properly classified as “a game of chance,” Massachusetts’ courts assess whether chance or skill predominates. If luck, rather than skill, predominates the game is an illegal “lottery.” Commonwealth vs. Lake, 317 Mass. 264 (1944); Commonwealth vs. Plissner, 295 Mass. 457, 463-464 (1936).
Is poker a game of chance? To anyone who plays poker regularly, it is an absurd question. Stuey Ungar won the World Series of Poker in 1980, 1981 and again in 1997. Johnny Chan won the World Series in 1987 and 1988 and finished 2nd in 1989. Dan Harrington won the World Series in 1995 and finished 3rd (out of a field of 839) in 2003 and 4th (out of 2576 entrants) in 2004. Ungar, Chan and Harrington weren’t lucky, they were poker geniuses. So adept was Ungar at putting an opponent on a hand, some players felt as if they were playing with their hole cards face up.
The World Poker Tour, which hosts No-Limit Texas Hold’em poker tournaments all over the world, has turned amateur and professional poker players into celebrities. Gus Hansen, Phil Hellmuth, Phil Ivey, Mike “the mouth” Matusow, Scotty Nguyen, Erik Seidel and Chris "Jesus" Ferguson are now recognized all over globe for their incredible poker skills and consistent winning on the felt – not for how lucky they have been.
While some casual players bemoan or celebrate their “luck,” serious poker players focus on improving their games. They devour books on poker theory, watch poker videos, study books on interpreting body language, and discuss poker with their friends. Indeed, there are today more than 200 books on poker: books on strategy, tells, probabilities, etc. If luck, rather than skill, dictated the outcome, no poker player would squander his time or money on a book.
In Commonwealth vs. Club Caravan, Inc., 30 Mass. App. Ct. 561, 563 (1991), the Massachusetts Appeals Court indirectly conceded poker is a game of skill when it ruled that video poker, despite failing “to utilize most of the skills that make for a good poker player (e.g., the use of bluffing, raising, throwing in a hand), nevertheless employed some element of skill (albeit ‘less than twenty-five percent’) because it rewarded prudent calculations of the probabilities of filling in various ‘dealt’ hands through discards and draws weighed against the known rewards if the draws should be favorable.” The Court in Commonwealth vs. Plissner, 295 Mass. at 463-464 noted that “[t]he mere fact that skill as well as chance may enter into a game, however, does not prevent it from being a lottery.”
In a well reasoned decision the Oregon Supreme Court in State v. Coats, 158 Or. 122, 74 P.2d 1102, 1106 (1938) addressed whether a pinball game constituted an illegal “lottery.” The Court opined, “If any substantial degree of skill or judgment is involved, it is not a lottery. Of course, all forms of gambling involve prize, chance, and consideration, but not all forms of gaming are lotteries. A lottery is a scheme or plan, as distinguished from a game where some substantial element of skill or judgment is involved. Poker, when played for money, is a gambling game, but, since it involves a substantial element of skill judgment, it cannot reasonably be contended that it is a lottery.” Poker is nothing if not a game of judgment. If a player consistently exercises bad judgment at the table, he’ll hemorrhage money. A very skilled player exercising good judgment will, over time, win money.
A bad player looks at his cards and decides whether to bet or not, with little to no regard for the situation he finds himself in. In contrast, a successful poker player recognizes that poker is a situational game and he analyzes the situation before acting. He is able to assess the strength of his opponent’s hand by: (1) considering his opponent’s position; (2) detecting the opponent’s betting patterns; (3) observing his body language, facial expressions, etc.; and, (4) comparing that information against the community cards, if any. From the available information, a good poker player will make draw reasonable conclusions about the strength of his opponent’s hand and decide whether betting (as well as how much to bet), checking, or folding is his best option. Indeed, while concluding that he is currently behind in the hand, a good poker player will calculate his “outs,” the probability of hitting one or more of those outs, and the “pot odds” his opponent may be offering him. While luck or chance may ultimately determine the outcome of a hand despite a solid player’s accurate calculations, the skill level of a player determines whether he wins a poker tournament or comes out ahead over the course a lengthy cash game. Over many hands, no amount of luck is going to save an unskilled player from the abyss. Skill predominates over chance in poker.
Attorney Mahoney is an accomplished poker player. If you or a loved one is charged with a gaming offense, give him a call at 617-492-0055.
Poker Hosted by Non-Profit Organizations
According to the Massachusetts Attorney General, under Massachusetts law, only a veterans’ organization chartered by the Congress of the United States, a church or religious organization, a fraternal or fraternal benefit society, an educational or charitable organization, a civic or service club and other clubs or organizations operated exclusively for nonprofit purposes may, after acquiring the necessary local and state permits, host a poker tournament, “Las Vegas Night,” or lottery. Although the law requires these charitable institutions to use the proceeds exclusively for educational, charitable, religious, fraternal or civic purposes, or for veterans’ benefits, these institutions must pay the Massachusetts Lottery Commission 5% of the proceeds. Like any organized, ambitious criminal enterprise, the Commonwealth must always get it’s cut.
A non-profit organization considering hosting a “Las Vegas Night,” a poker tournament, or a lottery, Massachusetts heavily regulates these benign civic events and it is very easy to run afoul of the laws governing such events. The Attorney General’s Office provides a summary of how the state’s gambling laws are applied to non-profit sponsored poker tournaments. It may be worthwhile to consult with a lawyer before holding a tournament.
Sampling of Massachusetts Gambling Laws
G.L. c. 137, § 1. Recovery of money or goods lost at gaming; limitation period
Whoever, by playing at cards, dice or other game, or by betting on the sides or hands of those gaming, loses to a person so playing or betting money or goods, and pays or delivers the same or any part thereof to the winner, or whoever pays or delivers money or other thing of value to another person for or in consideration of a lottery, policy or pool ticket, certificate, check or slip, or for or in consideration of a chance of drawing or obtaining any money, prize or other thing of value in a lottery or policy game, pool or combination, or other bet, may recover such money or the value of such goods in contract; and if he does not within three months after such loss, payment or delivery, without covin or collusion, prosecute such action with effect, any other person may sue for and recover in tort treble the value thereof.
G.L. c. 137, § 2. Liability of owner, tenant or occupant of gaming house
The owner, tenant or occupant of a house or building where money or goods are lost, paid or delivered in any form of gaming referred to in the preceding section, or by betting on the sides or hands of those gaming, with the knowledge or consent of said owner, occupant or tenant, shall be liable in the same manner and to the same extent as the winner or receiver thereof is liable under the preceding section.
G.L. c. 137, § 3. Validity of notes, bills, bonds, mortgages, securities or conveyances won by gaming
Notes, bills, bonds, mortgages or other securities or conveyances the whole or part of the consideration of which is money or goods won by gaming or playing at cards, dice or any other game, or by betting on the sides or hands of persons gaming, or for repaying or reimbursing money knowingly lent or advanced for gaming or betting, or lent and advanced at the time and place of such gaming or betting to a person so gaming or betting, shall be void as between the parties thereto, and as to all persons except such as hold or claim under them in good faith and without notice of the illegality of the consideration.
G.L. c. 4, § 7. Definitions
Tenth, "Gaming", "illegal gaming" or "unlawful gaming" shall include every act punishable under any law relative to lotteries, policy lotteries or policy, the buying and selling of pools or registering of bets.
G.L. c. 271, § 1. Gaming or betting; forfeiture; limitations.
Whoever, on a prosecution commenced within eighteen months after the commission of the crime, is convicted of winning at one time or sitting, by gaming or betting on the sides or hands of those gaming, money or goods to the value of five dollars or more, and of receiving the same or security therefor, shall forfeit double the value of such money or goods.
G.L. c. 271, § 2. Gaming or betting in public conveyance or place or while trespassing in private place; arrest without warrant
Whoever, in a public conveyance or public place, or in a private place upon which he is trespassing, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, shall forfeit not more than fifty dollars or be imprisoned for not more than three months; and whoever sets up or permits such a game shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not less than three nor more than twelve months. If discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until complaint may be made against him for such offence.
G.L. c. 271, § 3. Innholders and others keeping or suffering implements to be used for gaming
Every innholder, common victualler or person keeping or suffering to be kept in any place occupied by him implements such as are used in gaming, in order that the same may for hire, gain or reward be used for amusement, who suffers implements of such kind to be used upon any part of such premises for gaming for money or other property, or who suffers a person to play at an unlawful game or sport therein, shall for the first offence forfeit not more than one hundred dollars or be imprisoned for not more than three months; and for a subsequent offence shall be imprisoned for not more than one year. In either case he shall further recognize with sufficient sureties in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against any of the provisions of sections one to six, inclusive, for three years from the date of the recognizance.
G.L. c. 271, § 4. Gaming in inns and other occupied places; use of billiard table, bowling alley or other implement for gaming
Whoever, in any place mentioned in the preceding section, for the purpose of gaming for money or other property, uses or takes part in using a billiard table, bowling alley or other implement of gaming, or there plays at an unlawful game or sport, or, for the purpose of such gaming, uses or takes part in using a billiard table or bowling alley kept by a person licensed under G.L. c. one hundred and forty, shall forfeit not more than fifty dollars.
G.L. c. 271, § 5. Gaming, lottery, pool or betting houses; tables or apparatus for gaming
Whoever keeps or assists in keeping a common gaming house, or building or place occupied, used or kept for the purposes described in section twenty-three, or is found playing or present as provided in said section, or commonly keeps or suffers to be kept, in a building or place actually used and occupied by him, tables or other apparatus for the purpose of playing at an unlawful game or sport for money or any other valuable thing, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months.
G.L. c. 271, § 5A. Gambling devices; forfeiture; antique slot machines
Whoever manufactures, transports, sells, offers for sale, stores, displays, repairs, reconditions, possesses or uses any gambling device or parts for use therein shall be punished by a fine of not more than five thousand dollars; provided, however, that fifty percent of the said fine shall be remitted to the city or town in which the violation occurred. The remaining fifty percent shall be remitted to the general fund of the commonwealth. As used in this section, the term "gambling device" means any so called "slot machine" or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and which, when operated, may deal, as a result of the application of an element of chance, any money or property; or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or any sub-assembly or essential part intended to be used in connection with any such machine or mechanical device. Any gambling device or parts for use therein manufactured, transported, sold, offered for sale, stored, displayed, repaired, reconditioned, possessed or used in violation of this section shall be seized and be forfeited to the commonwealth and disposed of in the manner provided under the provisions of G.L. c. two hundred and seventy-six. In respect to their constitutionality, the provisions of this section are hereby declared to be separable.
It shall be a defense to any prosecution under this section to show that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, a slot machine shall be presumed to be an antique slot machine, if it was manufactured at least thirty years prior to either the arrest of the defendant, or seizure of the machine
G.L. c. 271, § 6. Gaming relative to cattle shows, military muster or public gathering; arrest without warrant
Whoever, during or within twelve hours of the time of holding a cattle show, military muster or public gathering, within one mile of the place thereof, practices or engages in any gambling or unlawful game, shall forfeit not more than twenty dollars. If discovered in the act, he may be arrested without a warrant by any sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until a complaint may be made against him for such offence. G.L. c. 271, § 6A.
G.L. c. 271, § 7. Lotteries; disposal of property by chance
Whoever sets up or promotes a lottery for money or other property of value, or by way of lottery disposes of any property of value, or under the pretext of a sale, gift or delivery of other property or of any right, privilege or thing whatever disposes of or offers or attempts to dispose of any property, with intent to make the disposal thereof dependent upon or connected with chance by lot, dice, numbers, game, hazard or other gambling device, whereby such chance or device is made an additional inducement to the disposal or sale of said property, and whoever aids either by printing or writing, or is in any way concerned, in the setting up, managing or drawing of such lottery, or in such disposal or offer or attempt to dispose of property by such chance or device, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years.
G.L. c. 271, § 8. Permitting lotteries, raffles and games of chance in buildings
Whoever, in a house, shop or building owned or occupied by him or under his control, knowingly permits the setting up, managing or drawing of such lottery, or such disposal or attempt to dispose of property, or the sale of a lottery ticket or share of a ticket, or any other writing, certificate, bill, token or other device purporting or intended to entitle the holder, bearer or any other person to a prize or to a share of or interest in a prize to be drawn in a lottery, or in such disposal of property, and whoever knowingly suffers money or other property to be raffled for in such house, shop or building, or to be won there by throwing or using dice or by any other game of chance, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
G.L. c. 271, § 9. Lottery tickets; sale, or possession
Whoever, for himself or for another, sells or offers for sale or has in his possession with intent to sell or offer for sale, or to exchange or negotiate, or aids or assists in the selling, exchanging, negotiating or disposing of a ticket in such lottery, or a share of a ticket, or any such writing, certificate, bill, token or other device, or a share or right in such disposal or offer, as is mentioned in section seven, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
G.L. c. 271, § 10. Subsequent offenses within five years of conviction
Whoever, within five years after being convicted of any offence mentioned in section five, seven, eight, nine, eleven, fifteen, sixteen, seventeen or seventeen A, commits the like offence, or any other of the offences therein mentioned, shall, in addition to the fine therein provided, be punished by imprisonment for not less than three months nor more than one year, and the sentence imposing such fine and such imprisonment shall not be suspended.
G.L. c. 271, § 11. Lottery tickets; advertising
Whoever, himself or by another, advertises a lottery ticket or a share in such ticket for sale, or sets up or exhibits, or devises or makes for the purpose of being set up or exhibited, any sign, symbol or emblematic or other representation of a lottery or the drawing thereof, in any way indicating where a lottery ticket or a share thereof or such writing, certificate, bill, token or other device before mentioned may be obtained, or in any way invites or entices, or attempts to invite or entice, any other person to purchase or receive the same, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
G.L. c. 271, § 12. False lottery tickets; creation, sale, or possession
Whoever makes or sells, or has in his possession with intent to sell, exchange or negotiate, or by printing, writing or otherwise assists in making or selling, or in attempting to sell, exchange or negotiate, a false or fictitious lottery ticket, or any share thereof, or any writing, certificate, bill, token or other device before mentioned, or any ticket or share thereof in a fictitious or pretended lottery, knowing the same to be false or fictitious, or receives any money or other thing of value for such ticket or share of a ticket, writing, certificate, bill, token or other device purporting that the owner, bearer or holder thereof shall be entitled to receive any prize, or share of a prize, or other thing of value, that may be drawn in a lottery, knowing the same to be false or fictitious, shall be punished by imprisonment in the state prison for not more than three years.
G.L. c. 271, § 13. Lottery tickets, tokens or shares deemed false
Upon the trial of a person charged with any of the crimes mentioned in the preceding section, a ticket or share of a ticket, or other writing or thing before mentioned, which the defendant has sold or offered for sale, or for which he has received a valuable consideration, shall be deemed false, spurious or fictitious, unless the defendant proves that the same was true and genuine, duly issued by the authority of some legislature within the United States, that such lottery was existing and undrawn and that such ticket or share thereof, or other writing or thing before mentioned, was issued by lawful authority and is binding upon the person who issued the same.
G.L. c. 271, § 14. Forfeiture of money, prizes, or other property disposed of by chance; recovery
Money or other thing of value drawn as a prize or share thereof in a lottery, and all property disposed of or offered to be disposed of by chance or device under the pretext mentioned in section seven, by an inhabitant of or a resident within the commonwealth, and all money or other thing of value received by such person by reason of his being the owner or holder of a ticket or share of a ticket in a lottery or pretended lottery, or of a share or right in any such scheme of chance or such device, contrary to this G.L. c., shall be forfeited, and may be recovered by an information filed or by an action for money had and received brought by the attorney general or a district attorney in the name and on behalf of the commonwealth.
G.L. c. 271, § 15. Lottery for money drawn out of commonwealth; aiding or promoting
Whoever, except as provided in section five of G.L. c. one hundred and twenty-eight A, aids, either by printing or writing, or is in any way concerned in setting up, promoting, managing or drawing a lottery for money, set up, promoted, managed, or drawn out of the commonwealth, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
G.L. c. 271, § 16. Tickets of lottery described in section 15; sale or possession
Whoever sells, for himself or another, or offers for sale or has in his possession with intent so to do or to exchange or negotiate, or aids or assists in selling, negotiating, exchanging or disposing of a ticket, or a share of a ticket, in a lottery described in the preceding section, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
G.L. c. 271, § 16A. Organizing or promoting gambling facilities or services.
Whoever knowingly organizes, supervises, manages or finances at least four persons so that such persons may provide facilities or services or assist in the provision of facilities or services for the conduct of illegal lotteries, or for the illegal registration of bets or the illegal buying or selling of pools upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the happening of any event, or upon the result of a game, competition, political nomination, appointment or election, or whoever knowingly receives from at least four such persons compensation or payment in any form as a return from such lotteries, such registration or such buying or selling shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. As used in this section the word "persons" shall not include bettors or wagerers who merely avail themselves of such facilities or services for the purpose of making a bet or wager and do not otherwise provide or assist in the provision of such facilities or services. This section shall not apply to such bettors or wagerers.
G.L. c. 271, § 17. Place for registering bets or dealing in pools; owner or occupant; custodian or depository
Whoever keeps a building or room, or any part thereof, or occupies, or is found in, any place, way, public or private, park or parkway, or any open space, public or private, or any portion thereof, with apparatus, books or any device, for registering bets, or buying or selling pools, upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the result of a game, competition, political nomination, appointment or election, or whoever is present in such place, way, park or parkway, or any such open space, or any portion thereof, engaged in such business or employment; or, being such keeper, occupant, person found or person present, as aforesaid, registers such bets, or buys or sells such pools, or is concerned in buying or selling the same; or, being the owner, lessee or occupant of a building or room, or part thereof, or private grounds, knowingly permits the same to be used or occupied for any such purpose, or therein keeps, exhibits, uses or employs, or knowingly permits to be therein kept, exhibited, used or employed, any device or apparatus for registering such bets, or for buying or selling such pools, or whoever becomes the custodian or depository for hire, reward, commission or compensation in any manner, of any pools, money, property or thing of value, in any manner staked or bet upon such result, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years.
G.L. c. 271, § 17A. Telephones; use for gaming purposes
Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year; provided, however, that this section shall not apply to use of telephones or other devices or means to place wagers authorized pursuant to the provisions of G.L. c. 128A, §5C.
G.L. c. 271, § 17A. Telephones; use for gaming purposes
Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
G.L. c. 271, § 17B. Use of public communications for unlawful purposes; demand of records
Whenever the attorney general or a district attorney has reasonable grounds for belief that the service of a common carrier, subject to the jurisdiction of the department of telecommunications and energy, as defined in paragraph (d) of section twelve of G.L. c. one hundred and fifty-nine, furnished to a person or to a location, is being or may be used for an unlawful purpose he may, acting within his jurisdiction, demand all the records in the possession of such common carrier relating to any such service. Such common carrier shall forthwith deliver to the attorney general or district attorney all the records so demanded. No such common carrier or employee shall be civilly or criminally responsible for furnishing any records or information in compliance with said demand.
G.L. c. 271, § 18. Policy lotteries or shops; production, sale or possession of lottery tickets or tokens
Whoever keeps, sets up, promotes or is concerned as owner, agent, clerk or in any other manner, in managing a policy lottery or policy shop, or writes, prints, sells, transfers or delivers a ticket, certificate, slip, bill, token or other device, purporting or designed to guarantee or assure to a person, or to entitle him to a chance of drawing or obtaining a prize or thing of value in a lottery or in the game or device commonly known as policy lottery or policy, whether drawn or determined, or remaining to be drawn or determined, or who receives from a person any money or other thing of value for such article or chance; or for himself or another writes, prints, sells, transfers or delivers or has in his possession for the purpose of sale, transfer or delivery, or in any way aids in selling, exchanging, negotiating, transferring or delivering a chance or ticket in a lottery, or in the game or device commonly known as policy lottery or policy, whether drawn or to be drawn, or any such bill, slip, certificate, token or other device, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.
G.L. c. 271, § 19. Production, advertisement or delivery of tickets; receipt of money; prima facie evidence
The printing, writing, advertising, issuing or delivery of any ticket, paper, document or other article or material representing or purporting to represent the existence of or any chance or interest in any lottery, policy lottery or policy game, pool or pools, registered or other bet or other game or hazard, whether drawn or determined, or remaining to be drawn or determined, or the receiving of money or other thing of value for such article or chance, shall be prima facie evidence of the existence, location and drawing of such lottery, policy lottery or policy game, and of the act or event upon which such pool or pools, bet, game or hazard depends or may depend, and of the unlawful character of such lottery, policy lottery, pool, bet, game or hazard, and the issuing or delivery of such ticket, paper, document or other article or material shall be prima facie evidence of value received therefor by the person, company or corporation issuing or delivering the same, or aiding or abetting therein, and that such person, company or corporation is concerned in keeping, managing or promoting such lottery, pool, bet, game or hazard.
G.L. c. 271, § 20. Tickets, memoranda, books and sheets; nuisance; possession; concealment
All lottery, policy or pool tickets, slips or checks, memoranda of any combination or other bet, manifold or other policy or pool books or sheets, are hereby declared a common nuisance and the possession thereof unlawful; and the possession of any such article, or of any other implements, apparatus or materials of any other form of gaming, shall be prima facie evidence of their use, by the person having them in possession, in the form of gaming in which like articles are commonly used. Any such article found upon the person of one lawfully arrested for violation of any law relative to lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets or other form of gaming shall be competent evidence upon the trial of a complaint or indictment to which it may be relevant. If a person so arrested in a building or structure or part thereof conceals or attempts to conceal such articles upon his person or elsewhere, the possession and concealment or attempt at concealment thereof shall be prima facie evidence that the place in which the same occurs is kept, maintained, used or occupied for the form of gaming in which like articles are commonly used.
G.L. c. 271, § 21. Words, figures or characters referring to game or contest; prima facie evidence; proof
In a prosecution or proceeding relative to lotteries, policy lotteries or policy, buying and selling pools or registered bets, any words, figures or characters, written, printed or exposed upon a blackboard, placard or otherwise, in a place alleged to be used or occupied for such business, purporting or appearing to be a name of a horse or jockey, or a description of or reference to a trial or contest of skill, speed or endurance of man, beast, bird or machine, or game, competition, political nomination, appointment or election, or other act or event, or any odds, bet, combination bet or other stake or wager, or any code, cipher or substitute therefor, shall be prima facie evidence of the existence of the race, game, contest or other act or event so purporting or appearing to be referred to, and that such place is kept or occupied for gaming; and in all cases the same may be proved by a copy or by oral description thereof.
G.L. c. 271, § 22 Delivery to or from a person engaged in a lottery or other gaming
Whoever receives a letter, package or parcel for delivery to or transportation from a person, or delivers or transports the same to or from a person, having reasonable cause to believe that such person is engaged or in any way concerned in the management or promotion of or agency for a lottery, or the game known as policy lottery or policy, or the buying or selling of pools or registering of bets, or other form of gaming, and that such letter, package or parcel has relation to such business, shall be punished by a fine of not less than fifty nor more than five hundred dollars; but this section shall not apply to the receipt, carriage or delivery of United States mail matter by an officer or employee thereof.
G.L. c. 271, § 22A Whist or bridge for charitable and similar purposes
Nothing in this G.L. c. shall authorize the prosecution, arrest or conviction of any person for conducting or promoting, or for allowing to be conducted or promoted, a game of cards commonly called whist or bridge, in connection with which prizes are offered to be won by chance; provided, that the entire proceeds of the charges for admission to such game are donated solely to charitable, civic, educational, fraternal or religious purposes.
G.L. c. 271, § 22B Beano; sale of lottery tickets
Nothing in this G.L. c. shall authorize the prosecution, arrest or conviction of any person for promoting or playing, or for allowing to be conducted, promoted or played, the game commonly called beano, or substantially the same game under another name in connection with which prizes are offered to be won by chance or for selling lottery tickets or shares; provided, said game or sales are conducted under a license issued by the director of the state lottery, under the provisions of sections thirty-seven or thirty-eight of G.L. c. ten.
G.L. c. 271, § 23 Oath and warrant to enter gaming or lottery place, arrest persons and seize implements and materials; disposal of articles
If a person makes oath before a district court or justice of the peace authorized to issue warrants in criminal cases that he suspects or has probable cause to suspect that a house or other building, room or place is used as and for a common gaming house, for gaming for money or other property, or is occupied, used or kept for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act or event, and that persons resort thereto for any such purpose, such court or justice, whether the names of the persons last mentioned are known to the complainant or not, shall, if satisfactory evidence is presented, issue a warrant commanding the sheriff or his deputy or any constable or police officer to enter such house, building, room or place, and to arrest the keepers thereof, all persons in any way assisting in keeping the same, whether as janitor, doorkeeper, watchman or otherwise, all persons who are there found participating in any form of gaming and all persons present whether so participating or not, if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus or materials of any form of gaming are found in said place, and to take into their custody all the implements, apparatus or materials of gaming, as aforesaid, and all the personal property, including money, furniture and fixtures there found, and to keep said persons, implements, apparatus or materials, property, including money, furniture and fixtures so that they may be forthcoming before some court or magistrate to be dealt with according to law. The provisions of G.L. c. two hundred and seventy-six relative to disposal of gaming articles seized upon search warrants shall apply to all articles and property seized as herein provided for.
G.L. c. 271, § 24 Race tracks; owners, proprietors of, or persons present
This G.L. c. shall not authorize the arrest or conviction of the owner or proprietor of a race track or trotting course for the reason that another person has without his knowledge or consent violated any of its provisions relative to the buying and selling of pools or the registering or making of bets or to any offence mentioned in the preceding section; nor the arrest or conviction of a person for being present on a race track or trotting course where pools are sold or bets registered or made on trials of speed or endurance between horses or other animals; but this exception shall not apply to a person in any way participating or assisting in the buying or selling of pools or registering of bets.
G.L. c. 271, § 25 Obstructions barring access to gaming places; removal; lien of expenses
If a captain of police in Boston or marshal or chief of police in any other city or town in the commonwealth finds that access to any building, apartment or place which he has reasonable cause to believe is resorted to for the purpose of unlawful gaming is barred by any obstruction, such as a door, window, shutter, screen, bar or grating of unusual strength, other than what is usual in ordinary places of business, or any unnecessary number of doors, windows or obstructions, he shall order the same removed by the owner or agent of the building where such obstruction exists, and if any of said officers cannot find either of the persons mentioned, so as to make personal service, said notice shall be posted upon the outside of the apartments and on the outside of said building, and upon the neglect to remove such obstruction for seven days from the date of said order or posting of said notices, any of said officers shall cause such obstruction to be removed from such building, and the expense of such removal shall be a lien on said building and be collected by the officer removing such obstruction, in the manner in which a mechanic's lien is collected.
G.L. c. 271, § 26 Subsequent obstructions; removal; punishment; lien
If, within one year after removal of said obstruction, the premises are again obstructed as above defined, the captain of police or marshal or chief of police shall have the same power of removal as provided in the preceding section, and in addition the owner or agent when such second order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than two hundred and fifty nor more than five hundred dollars, and the amount of said fine shall be a lien upon said building and be collected in like manner as provided in the preceding section. And for every subsequent obstruction as above defined, at any time within two years of the giving of the second notice, as above provided, said officers shall have the same powers as provided in the preceding section for removing the obstructions, and the owner or agent at the time such third or subsequent order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than five hundred nor more than one thousand dollars or may be punished by imprisonment for one year, and the amount of said fine shall be a lien upon the said building, and shall be collected in like manner as above provided. Obstructions as above defined, erected more than two years after the giving of the notice of the third offence, shall be construed to be a first offence under this section.
G.L. c. 271, § 27 Judicial notice of methods and character of lotteries, policy games, pools and betting; prima facie evidence
Any court or magistrate having criminal jurisdiction may take judicial notice of the general methods and character of lotteries, policy lotteries or the game called policy, pools or combination bets, and the buying and selling of pools and registering of bets. In the trial of a complaint or indictment to which it may be relevant, any lottery, policy or pool ticket, certificate, slip or check, manifold or other policy or pool book or sheet, or memorandum of any pool or sale of pools, or of a bet or odds, or combination bet, or any other implement, apparatus, materials or articles of a character commonly employed in or in connection with lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets, or other form of gaming, shall be prima facie evidence of the existence and unlawful character of a lottery, policy lottery or game, pool or pools, bet, game or hazard, or other form of gaming in which like articles are commonly used, and that such article has relation thereto.
G.L. c. 271, § 28 Lotteries or gaming; complaints and indictments
No plea of misnomer shall be received to a complaint or indictment for violation of any law relative to lotteries, policy lotteries or policy, the selling of pools or registering of bets, or any form of gaming; but the defendant may be arraigned, tried, sentenced and punished under any name by which he is complained of or indicted. No such complaint or indictment shall be abated, quashed or held insufficient by reason of any alleged defect, either of form or substance, if the same is sufficient to enable the defendant to understand the charge and to prepare his defence. No variance between such complaint or indictment and the evidence shall be deemed material, unless in some matter of substance essential to the charge under the rule above prescribed.
G.L. c. 271, § 31A Racing results or information; transmission for unlawful purposes
Whoever transmits the results of a race, or information as to the progress of a race during the running thereof, in a racing meeting as defined in section one of G.L. c. one hundred and twenty-eight A, by any means to another knowing that such results or information is to be used or intended to be used for unlawful purposes or in furtherance of unlawful gambling, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.
G.L. c. 271, § 32 Horse racing; fraud
Whoever, for the purpose of competing for a purse or premium offered by an agricultural society, or by a person or association in the commonwealth, knowingly and designedly enters or drives a horse that is painted or disguised, or is a different horse from the one that purports to be entered or driven, or knowingly and designedly, for the purpose of competing for a premium or purse, enters or drives a horse in a class to which it does not belong, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.
G.L. c. 271, § 42 Boxing matches or exhibitions; betting or selling pools
Whoever bets or wagers or sells pools on any boxing or sparring match or exhibition shall be punished by imprisonment for not less than three months or by a fine of not less than fifty dollars, or both.
G.L. c. 271, § 47 Telephones; gambling convictions; approval for installation; notices of convictions and removals
A telephone shall not be installed for a person convicted of an illegal gaming activity under this G.L. c. without the approval in writing of the head of both the police department of the municipality in which such telephone would be installed and the head of the criminal information section of the state police, and a telephone shall not be reinstalled without such approval for a period of one year from the date of removal in any premises from which it has been removed for such illegal activity, whether or not there has been a conviction. The criminal information section shall notify the telephone companies of convictions in such cases, and telephone companies doing business in the commonwealth shall notify the criminal information section of the state police of any such removals.
G.L. c. 271, § 16A. Organizing or promoting gambling facilities or services.
Whoever knowingly organizes, supervises, manages or finances at least four persons so that such persons may provide facilities or services or assist in the provision of facilities or services for the conduct of illegal lotteries, or for the illegal registration of bets or the illegal buying or selling of pools upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the happening of any event, or upon the result of a game, competition, political nomination, appointment or election, or whoever knowingly receives from at least four such persons compensation or payment in any form as a return from such lotteries, such registration or such buying or selling shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. As used in this section the word "persons" shall not include bettors or wagerers who merely avail themselves of such facilities or services for the purpose of making a bet or wager and do not otherwise provide or assist in the provision of such facilities or services. This section shall not apply to such bettors or wagerers.
If you or someone you care about is charged with an illegal gaming offense, contact Attorney Kevin J. Mahoney at 617-492-0055.
