was involved in the illegal promotion of gambling when
he established gambling games at his “club” and received
compensation from “contributions” made by those
engaging in the gambling activity therein).
One trial court interpreted participation in the
proceeds of a gambling activity to include the person who
receives gambling winnings. See State v. Fischer, 183 N.J.
Super. 79, 84-85 (Law. Div. 1981). However, taking the
statute as a whole, a player’s gambling winnings seems
less likely to be included, given that authorized gambling
itself is not forbidden. See N.J.S.A. 2C: 37-1b.
Under N.J.S.A. 2C:37-2a(2), a person commits the
offense where he engages in any of a variety of conduct
that materially aids gambling. The specific, former
offense of bookmaking, lotteries, etc. are encompassed
within this non-exhaustive offense.
The offense of promoting gambling by lottery is
committed when a person aids the distribution of prizes
according to chance, except where authorized by any
state. See N.J.S.A. 2C:37-1h; N.J.S.A. 2C:37-6; see also,
Lucky Calendar v, Cohen, 19 N.J. at 412-413; State v.
Steever, 103 N.J. Super. 149, 150 (App. Div. 1968).
Hence, the transport of gambling requests and money to
out-of-state gambling sites and the return of lottery
tickets to gamblers in New Jersey “materially aids [a]
form of gambling activity.” State v. Fiola, 242 N.J. Super.
240, 244 (App. Div. 1990); see also N.J.S.A. 2C:37-
2a(2).
Working for a lottery and possession of lottery slips
are separate offenses. State v. Siebert, 126 N.J. Super. 534,
537 (App. Div. 1974); see also State v. Sims, 65 N.J. 359,
375 (1974). Possession of lottery slips or other
memoranda is committed by any person, even a bettor,
where there is knowing possession of papers connected to
a lottery business. State v. Purdy, 51 N.J. 303, 308
(1968). The focus is on the character of the paper and not
necessarily the role of the possessor. State v. Purdy, State v.
Rucker, 46 N.J. Super. 162 (App. Div. 1957), certif. den.
25 N.J. 102 (1957). Working for a lottery includes
persons acting as either messengers or writers of lottery
memoranda. State v. Snow, 77 N.J. 459, 465 (1978).
Indicia of employment includes records of the amount of
play, of a running balance or the presence of duplicate
slips. Id.
The offense of promoting gambling by bookmaking
involves both the placing of bets and the collection or
payment of such bets. See N.J.S.A. 2C:37-1g; see also,
State v. Gould, 123 N.J. Super. 444, 448 (App. Div.
1973), certif. den. 64 N.J. 312 (1973). Intermediaries
who place and collect payment of illegal bets are known
as “sitters” or “writers” and are included within the scope
of this section. See State v. Hozer, 19 N.J. 301, 309
(1955). The presence or absence of compensation for the
sitter or writer’s activities as an intermediary for a third
person is immaterial to the offense. State v. Benevento,
138 N.J. Super. 211, 215 (App. Div. 1975). Since the
intermediary is equally liable as part of a bookmaking
operation, he may not be able to establish, as a defense,
that he is merely a player. Id.; see also N.J.S.A. 2C:37-
1c.Certain tournaments of games of chance, such as
backgammon, have been held to promote gambling
where an entry fee is assessed in order to play the game or
to underwrite prizes. See N.J.S.A. 2C:37-1a; see also
Boardwalk Regency Corp. v. Attorney General, 188 N.J.
Super. at 374, 377; Attorney General F.O. No. 1 (1980).
However, authorized tournaments of games of chance,
such as craps, have been held not to be illegal under this
section, even if an entry fee is required. See IGP-East v.
Gaming Enforcement Div., 182 N.J. Super. at 567; see also
N.J.S.A. 5:12-5.Certain activities to promote participation in
authorized games of chance are also a form of illegal
gambling. For example, a bus tour promotion that offers
money or property in exchange for participation in the
tour, as determined in a drawing, is gambling. Attorney
General F.O. No. 6 (1983). The source of payment of
winnings to selected bus patrons is irrelevant. Id.B. GradingThe degree of a particular offense is determined by
the nature of the gambling operation, the amount of
money received or accepted by the defendant, or the
defendant’s role in the operation. See N.J.S.A. 2C:37-2b.Promoting gambling is a third degree offense if:- a person engages in bookmaking and receives or
accepts more than five bets totaling more than $1,000 in
any one day, N.J.S.A. 2C:37-2b(1); or - a person receives in connection with a lottery or
policy scheme or enterprise (a) money or written records
from a person other than a player whose chances or plays
are represented by such money or records, or (b) more
than $100 in any 1 day of money played in such a scheme
or enterprise. N.J.S.A. 2C:37-2b(2).