the bets are recorded on paper or the memory and thus,
it is not necessary to prove that a tangible record was
made. State v. De Stasio, 49 N.J. 247, 253 (1967), cert.
denied, 389 U.S. 830 (1967). The courts must be alert
to the frustration of prosecutions legitimately based on
inferences drawn from furtive conduct and scanty
records. State v. Fiorello, 36 N.J. 80, 92 (1961), cert.
denied, 368 U.S. 967 (1962).
“Lottery” is defined as 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 some other media, one or more of which
chances are to be designated the winning ones; (b) the
winning chances are to be determined by a drawing or by
some other method based upon the element of chance;
and (c) the holders of the winning chances are to receive
something of value. N.J.S.A. 2C:37-19h; N.J.S.A.
2C:37.6. See also, Lucky Calendar Co. v. Cohen, 19 N.J.L.
634 (1947). A lottery is unlawful where not specifically
authorized by law. IGP-East v. Gaming Enforcement Div.
182 N.J. Super. 562, 565-566 (App. Div. 1982). A
pyramid scheme has been held not to be a lottery. State
v. DeLuzio, 274 N.J. Super. 101, 112 (App. Div. 1993),
aff’d., 136 N.J. 363 (1994); State v. Bey, 261 N.J. Super.
182, 187 (App. Div. 1992).
“Gambling resort” is a place used by persons for the
purpose of gambling. N.J.S.A. 2C:37-1j; see also, State v.
Costa 11 N.J. 239, 246 (1953).
III. PROMOTING GAMBLING
New Jersey has shown a clear, longstanding and
comprehensive policy against gambling, except where
specifically authorized by its citizens. This public policy
is set forth in N.J.Const.1947, Art. 4, § 7, ¶ 2:
No gambling of any kind shall be authorized by the
Legislature unless the specific kind, restrictions and
control thereof have been heretofore submitted to, and
authorized by a majority of the votes cast by, the people
at a special election or shall hereafter be submitted to, and
authorized by a majority of the votes cast thereon by, the
legally qualified voters of the State voting at a general
election....
See Carll & Ramagosa, 23 N.J. at 438-411; Boardwalk
Regency Corp. v. Attorney General, 188 N.J. Super. 372,
375-376 (Law Div. 1982); see also Attorney General F.O.
No. 9 (1978). Constitutional amendments have been
approved to exempt casino gambling, state lotteries to aid
education, raffles and bingo games sponsored by
charitable organizations from the broad prohibition on
gambling. See N.J.Const.1947, Art. 4, § 7, ¶¶
2(A),(B),(C) and (D). Subparagraph (B) of § 7 was
further amended to allow senior citizen associations or
clubs to conduct raffles, as adopted on November 6,- Pari-mutual wagering on horse races was approved
in popular referendum held in 1939.
A. Promoting Gambling DefinedN.J.S.A. 2C:37-2 combines the separate, former
statutory offense involving slot machines, bookmaking
and lotteries as forms of conduct that promote gambling
activity. The revised offense is defined more broadly as,
alternatively, knowingly accepting or receiving money or
property, pursuant to an agreement or understanding
with any person whereby he participates or will
participate in the proceeds of gambling activity, or
knowingly engaging in conduct which, materially aids
any form of gambling activity. See N.J.S.A. 2C:37-2a(1);
N.J.S.A. 2C:37-2a(2). Such conduct 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
therefor; - 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. N.J.S.A. 2C:37-2a(2).
Under N.J.S.A. 2C:37-2a(1), a person must receive
money or property from gambling activity aside from
personal winnings. The offense applies only to persons
who assist bettors or profit from their losses. N.J.S.A.
2C:37-1c; see also State v. Lennon, 3 N.J. 337, 345 (1949)
(Case, J. concurring). A person who receives money from
another to place a bet at a racetrack and gains no benefit
for himself from the transaction is not guilty of this
offense. State v. Andreano, 117 N.J. Super. 498, 501
(App. Div. 1971); but see Chomatopoulos v. Roma DeNotte
Social Club, 212 N.J. Super. 447, 449 (Law Div. 1985)
(trial court suggested that the defendant in a tort action