Includes gambling over the internet within provisions of law relating to gambling offenses

1 Co-sponsor

• Dale M. Volker

Title of bill

An act to amend the penal law, in relation to including gambling over the internet within provisions of law relating to gambling offenses

Purpose

To clarify that the penal law sections relating to gambling offenses apply to and include gambling over the Internet; and the public endorsement of illegal Internet gambling.

Summary of provisions

This legislation would amend penal law section 225.00 to:

include the "public endorsement" of illegal gambling in the definition of to "advance gambling activity";

include Internet gambling in the definition of to "advance gambling activity" and to "profit from gambling activity"; and

include a computer used for illegal gambling in the definition of a "gambling device."

Existing law

Article 225 of the penal law prohibits gambling activity including promoting gambling and the possession of a gambling de"ice. These prohibitions do not explicitly include references to the Internet or to the use of computers.

Justification

Internet gambling is specifically prohibited by federal law, and involves activity prohibited by the New York State penal law. Nevertheless, news reports indicate that Internet gambling is a growing industry. This industry is primarily based offshore; however some activity occurs within the jurisdiction of the United States and of New York State, including that of Internet service providers. One recent trend is the public endorsement of illegal Internet gambling by celebrities and other public figures. This legislation would clarify existing law to explicitly include Internet gambling, and its public endorsement, in the offenses covered by article 225 of the penal law.

Legislative history

S.66 of 2007-08; S.6661-A of 2005-06.

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become a law.