Casino gambling is
illegal in Alabama
pursuant to Alabama
Code Section 13A,
Chapter 12,
Article 2 Alabama
also does not have
a state lottery,
but allows
pari-mutuel
wagering and bingo
halls that are
known for their
particularly high
stakes.
Section
13A-12-20
Definitions.
The following
definitions apply
to this article:
(1) ADVANCE
GAMBLING ACTIVITY.
A person
"advances
gambling
activity" if
he engages in
conduct that
materially aids any
form of gambling
activity. Conduct
of this nature
includes but is not
limited to conduct
directed toward the
creation or
establishment of
the particular
game, contest,
scheme, device or
activity involved,
toward the
acquisition or
maintenance of
premises,
paraphernalia,
equipment or
apparatus
therefore, toward
the solicitation or
inducement of
persons to
participate
therein, toward the
actual conduct of
the playing phases
thereof, toward the
arrangement of any
of its financial or
recording phases or
toward any other
phase of its
operation. A person
advances gambling
activity if, having
substantial
proprietary control
or other
authoritative
control over
premises being used
with his knowledge
for purposes of
gambling activity,
he permits that
activity to occur
or continue or
makes no effort to
prevent its
occurrence or
continuation.
(2) BOOKMAKING.
Advancing gambling
activity by
unlawfully
accepting bets from
members of the
public as a
business, rather
than in a casual or
personal fashion,
upon the outcome of
future contingent
events.
(3) CONTEST OF
CHANCE. Any
contest, game,
gaming scheme or
gaming device in
which the outcome
depends in a
material degree
upon an element of
chance,
notwithstanding
that skill of the
contestants may
also be a factor
therein.
(4) GAMBLING. A
person engages in
gambling if he
stakes or risks
something of value
upon the outcome of
a contest of chance
or a future
contingent event
not under his
control or
influence, upon an
agreement or
understanding that
he or someone else
will receive
something of value
in the event of a
certain outcome.
Gambling does not
include bona fide
business
transactions valid
under the law of
contracts,
including but not
limited to
contracts for the
purchase or sale at
a future date of
securities or
commodities, and
agreements to
compensate for loss
caused by the
happening of
chance, including
but not limited to
contracts of
indemnity or
guaranty and life,
health or accident
insurance.
(5) GAMBLING
DEVICE. Any device,
machine,
paraphernalia or
equipment that is
normally used or
usable in the
playing phases of
any gambling
activity, whether
that activity
consists of
gambling between
persons or gambling
by a person
involving the
playing of a
machine. However,
lottery tickets,
policy slips and
other items used in
the playing phases
of lottery and
policy schemes are
not gambling
devices within this
definition.
(6) LOTTERY or
POLICY. An unlawful
gambling scheme in
which:
a. The players pay
or agree to pay
something of value
for chances,
represented and
differentiated by
numbers or by
combinations of
numbers or by some
other medium, one
or more of which
chances are to be
designated by the
winning ones; and
b. The winning
chances are to be
determined by a
drawing or by some
other fortuitous
method;
c. The holders of
the winning chances
are to receive
something of value.
(7) PARI-MUTUEL,
MUTUEL or THE
NUMBERS GAME. A
form of lottery in
which the winning
chances or plays
are not determined
upon the basis of a
drawing or other
act on the part of
persons conducting
or connected with
the scheme, but
upon the basis of
the outcome of a
future contingent
event or events
otherwise unrelated
to the particular
scheme.
(8) PLAYER. A
person who engages
in any form of
gambling solely as
a contestant or
bettor, without
receiving or
becoming entitled
to receive any
profit there from
other than personal
gambling winnings,
and without
otherwise rendering
any material
assistance to the
establishment,
conduct or
operation of the
particular gambling
activity.
(9) PROFIT FROM
GAMBLING ACTIVITY.
A person
"profits from
gambling
activity" if
he accepts or
receives money or
other property
pursuant to an
agreement or
understanding with
any person whereby
he shares or is to
share in the
proceeds of
gambling activity.
(10) SLOT MACHINE.
A gambling device
that, as a result
of the insertion of
a coin or other
object, operates,
either completely
automatically or
with the aid of
some physical act
by the player, in
such a manner that,
depending upon
elements of chance,
it may eject
something of value.
A device so
constructed or
readily adaptable
or convertible to
such use is no less
a slot machine
because it is not
in working order or
because some
mechanical act of
manipulation or
repair is required
to accomplish its
adaptation,
conversion or
workability. Nor is
it any less a slot
machine because
apart from its use
or adaptability as
such it may also
sell or deliver
something of value
on a basis other
than chance.
(11) SOMETHING OF
VALUE. Any money or
property, any
token, object or
article
exchangeable for
money or property
or any form of
credit or promise
directly or
indirectly
contemplating
transfer of money
or property or of
any interest
therein, or
involving extension
of a service
entertainment or a
privilege of
playing at a game
or scheme without
charge.
(12) UNLAWFUL. Not
specifically
authorized by law.
Section
13A-12-21
Simple gambling.
(a) A person
commits the crime
of simple gambling
if he knowingly
advances or profits
from unlawful
gambling activity
as a player.
(b) It is a defense
to a prosecution
under this section
that a person
charged with being
a player was
engaged in a social
game in a private
place. The burden
of injecting the
issue is on the
defendant, but this
does not shift the
burden of proof.
(c) Simple gambling
is a Class C
misdemeanor.
Section
13A-12-22
Promoting
gambling.
(a) A person
commits the crime
of promoting
gambling if he
knowingly advances
or profits from
unlawful gambling
activity otherwise
than as a player.
(b) Promoting
gambling is a Class
A misdemeanor.
Section
13A-12-23
Conspiracy to
promote gambling.
(a) A person
commits the crime
of conspiracy to
promote gambling if
he conspires to
advance or profit
from gambling
activity otherwise
than as a player.
(b)
"Conspire"
means to engage in
activity
constituting a
criminal conspiracy
as defined in
Section 13A-4-3.
(c) Conspiracy to
promote gambling is
a Class A
misdemeanor.
Section
13A-12-24
Possession of
gambling records in
the first degree.
(a) A person
commits the crime
of possession of
gambling records in
the first degree if
with knowledge of
the contents
thereof, he
possesses any
writing, paper,
instrument or
article:
(1) Of a kind
commonly used in
the operation or
promotion of a
bookmaking scheme
or enterprise, and
constituting,
reflecting or
representing more
than five bets, or
more than $500.00;
or
(2) Of a kind
commonly used in
the operation,
promotion or
playing of a
lottery or mutuel
scheme or
enterprise, and
constituting,
reflecting or
representing more
than five plays or
chances therein.
(b) Possession of
gambling records in
the first degree is
a Class A
misdemeanor.
Section
13A-12-25
Possession of
gambling records in
the second degree.
(a) A person
commits the crime
of possession of
gambling records in
the second degree
if with knowledge
of the contents
thereof, he
possesses any
writing, paper,
instrument or
article:
(1) Of a kind
commonly and
peculiarly used in
the operation or
promotion of a
bookmaking scheme
or enterprise; or
(2) Of a kind
commonly and
peculiarly used in
the operation,
promotion or
playing of a
lottery or mutuel
scheme or
enterprise.
(b) Possession of
gambling records in
the second degree
is a Class A
misdemeanor.
Section
13A-12-26
Defense to
prosecution for
possession of
gambling records.
A person does not
commit the crime of
possession of
gambling records in
either degree if
the writing, paper,
instrument or
article possessed
by the defendant is
neither used nor
intended to be used
in the operation or
promotion of a
bookmaking scheme
or enterprise, or
in the operation,
promotion or
playing of a
lottery or mutuel
scheme or
enterprise. The
burden of injecting
the issue is on the
defendant, but this
does not shift the
burden of proof.
Section
13A-12-27
Possession of
gambling device.
(a) A person
commits the crime
of possession of a
gambling device if
with knowledge of
the character
thereof he
manufactures,
sells, transports,
places or
possesses, or
conducts or
negotiates any
transaction
affecting or
designed to affect
ownership, custody
or use of:
(1) A slot machine;
or
(2) Any other
gambling device,
with the intention
that it be used in
the advancement of
unlawful gambling
activity.
(b) Possession of a
gambling device is
a Class A
misdemeanor.
Section
13A-12-28
Prima facie
proof of gambling
offenses.
(a) Proof of
possession of any
gambling device, as
defined by
subdivision (5) of
Section 13A-12-20
or any gambling
record specified in
Sections 13A-12-24
and 13A-12-25 is
prima facie
evidence of
possession thereof
with knowledge of
its character or
contents.
(b) In any
prosecution under
this article in
which it is
necessary to prove
the occurrence of a
sporting event, (1)
a published report
of its occurrence
in any daily
newspaper, magazine
or other
periodically
printed publication
of general
circulation, or (2)
evidence that a
description of some
aspect of the event
was written,
printed or
otherwise noted at
the place in which
a violation of this
chapter is alleged
to have been
committed, shall be
admissible in
evidence and shall
constitute prima
facie proof of the
occurrence of the
event.
Section
13A-12-29
Lottery
occurring outside
state no defense to
prosecution under
Section 13A-12-22.
It is no defense
under Section
13A-12-22 relating
to a lottery that
the lottery itself
is drawn or
conducted outside
Alabama and is not
in violation of the
laws of the
jurisdiction in
which it is drawn
or conducted.
Section
13A-12-30
Forfeiture of
gambling devices
and gambling
proceeds.
(a) Any gambling
device or gambling
record possessed or
used in violation
of this article is
forfeited to the
state, and shall by
court order be
destroyed or
otherwise disposed
of as the court
directs.
(b) Any vehicle
possessed or used
in violation of
this article may be
forfeited to the
state and disposed
of by court order
as authorized by
law.
(c) Money used as
bets or stakes in
gambling activity
in violation of
this article is
forfeited to the
state and by court
order shall be
transmitted to the
general fund of the
state.
Section
13A-12-31
Legalized
pari-mutuel betting
not affected.
The provisions of
this article shall
not apply to pari-
mutuel betting at
race meetings
authorized by
statute. All
presently effective
state statutes and
laws and locally
adopted ordinances
and laws pursuant
thereto legalizing,
authorizing or
allowing greyhound
races and betting
or wagering thereon
are hereby
expressly and
specifically
preserved, saved
and excepted from
any repealer
provisions
contained anywhere
in the Criminal
Code.
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