Offenses Against General Welfare and Animals

ORS 167.122
Unlawful gambling in the second degree


(1)

A person commits the crime of unlawful gambling in the second degree if the person knowingly:

(a)

Places a bet with a bookmaker; or

(b)

Participates or engages in unlawful gambling as a player.

(2)

Unlawful gambling in the second degree is a Class A misdemeanor. [1971 c.743 §264; 1997 c.867 §21]

Notes of Decisions

An indictment merely using the language of this section, "knowingly promote unlawful gambling," is sufficient. State v. Cannon, 17 Or App 379, 521 P2d 1326 (1974), Sup Ct review denied

It was not necessary that defendant have actual knowledge that what he did was illegal to sustain the conviction under this section. State v. Wright, 21 Or App 659, 537 P2d 130 (1975)

Where defendant promoted bingo game sponsored by fraternal organization in which members of chapter were paid daily wage to assist, games were unlawful gambling not included in exception of ORS 167.117 for games in which no person other than organization or player profits. State v. Johnston, 56 Or App 849, 643 P2d 666 (1982), Sup Ct review denied

A defendant's guilt requires knowledge of facts and conditions that make gambling unlawful, rather than mere knowledge of gambling itself. State v. Langan, 293 Or 654, 652 P2d 800 (1982)

Complaint charging defendant with promoting gambling in second degree was insufficient to survive demurrer when complaint merely mirrored language of statute and contained no identifying facts or acts. State v. Cooper, 78 Or App 237, 715 P2d 504 (1986)

Tavern owner's conviction under this section was reversed where third person paid patron of tavern for free games won on video poker machine, tavern owner did not arrange for that purchase, and there was no evidence that tavern owner was aware that third person had ever previously paid patrons for free games. State v. Ferracini, 105 Or App 420, 805 P2d 149 (1991)

§§ 167.117 to 167.162

Atty. Gen. Opinions

Construing provisions against promotion of social gambling, (1971) Vol 35, p 1004

Chapter 167

Atty. Gen. Opinions

Exemption of nuisance laws from constitutional requirement for payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021