Milton, 96 N.J.Eq. 576, 579 (Ch. 1924) (slot machines);
Thrillo, Inc. v. Scott, 15 N.J. Super. at 134 (bingo type
games); State v. Ricciardi, 18 N.J. 441, 445 (1955)
(pinball machines); and Boardwalk Regency Corp. v.
Attorney General, 188 N.J. Super. 372, 377 (Law Div.
1982) (backgammon tournaments).
“Gambling,” is defined as the act of staking or risking
something of value on the outcome of a contest of chance
or a future contingent event not under the actor’s control
or influence, upon an agreement or understanding that
he will receive something of value in the event of a certain
outcome. N.J.S.A. 2C:37-1b; see also, Carll and
Ramagosa, Inc. v. Ash, 23 N.J. 436, 443 (1957); State v.
W.U. Tel. Co., 12 N.J. 468, 470 (1953), appeal dism.,
436 U.S. 869 (1953). Any publication of the event
constitutes a presumption that the uncertain event has
occurred. N.J.S.A. 2C:37-5. “Contest of chance” is also
a defined term under N.J.S.A. 2C:37-1a and is discussed
infra. The second form of gambling referenced under this
definition includes betting on numbers generated from
the “handle” at a race track or on the outcome of a
sporting event over which bettors have no influence.
Also, the sale of a share in a winning lottery ticket, where
the ultimate proceeds are still to be determined,
constitutes illegal gambling. Della Croce v. Ports, 228
N.J. Super. 581, 584 (Law Div. 1988).
“Player” is defined as a person who engages in any
form of gambling solely as a contestant or better without
receiving or becoming entitled to receive any profit
therefrom other than personal gambling winnings and
without otherwise rendering any material assistance to
the establishment, conduct or operation of the particular
gambling activity. N.J.S.A. 2C:37-1c. A person who
gambles at a social game of chance on equal terms with the
other participants does not render material assistance to
the establishment, conduct or operation of the game if he
performs, without fee or remuneration, acts directed
toward the arrangement or facilitation of the game, such
as inviting persons to play, permitting the use of the
premises or the supplying of cards or other equipment
used. Id. A person who engages in “bookmaking” is not
a “player” as defined under this section. Id.; see also
N.J.S.A. 2C:37-1g.
This definition constitutes a valid defense to
allegations of illegal gambling. The Code draws a clear
distinction between a participant in a social game of
chance and the person who is receiving money because he
is part of a gambling business and exempts the former
from prosecution. Under prior law, the participant in a
gambling venture could have been prosecuted. See
N.J.S.A. 2A:112-1 (repealed 1979).The “player” defense was held to be inapplicable to
the litigants in Della Croce, who engaged in the sale of a
winning lottery ticket, when the ultimate proceeds were
not yet determined. 228 N.J. Super. at 584-85. In this
Law Division case, the court held that the defendant’s
agreement to sell her one-half interest in a winning
lottery ticket to the plaintiff in exchange for $3,000 was
illegal gambling and that the litigants failed to qualify for
the “player” defense, because they “invented, imple-
mented and controlled the gambling game” for the
purpose of making money by gambling. Id. at 582-85.“Something of value” is defined broadly to include
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.
N.J.S.A. 2C:37-1d. However, the definition excludes
any form of promise involving extension of a privilege of
playing at a game without charge on a mechanical or
electronic amusement device, other than a slot machine
as an award for the attainment of a certain score on that
device. Id.“Gambling device” is defined as any device, machine,
paraphernalia or equipment used or usable in the playing
phases of any gambling activity, whether such activity
consists of gambling between persons or gambling by a
person involving the playing of a machine. N.J.S.A.
2C:37-1e. Lottery tickets, policy slips and other items
used in the playing phases of lottery and policy schemes
are not included in this definition.“Slot machine” is defined as any mechanical,
electrical or other device which, upon the payment of a
consideration, may deliver or entitle the person playing
to receive cash or tokens exchangeable for cash. N.J.S.A.
2C:37-1f. This definition includes machines adaptable
for conversion to use as a slot machine and slot machines
which are not in working order.“Bookmaking” is defined as the means of advancing
gambling by unlawfully accepting bets from members of
the public upon the outcome of future contingent events
as a business. N.J.S.A. 2C:37-1g. See also, State v. Romeo,
43 N.J. 188, 207 (1964), cert. denied, 379 U.S. 970
(1965). The offense lies in the gambling aspect of the
bookmaker’s operation. It makes no difference whether