cdTOCtest

N.J.L. 73, 74 (Sup. Ct. 1914) (tavern in which patrons
play cards and dice).

VI. SHIPBOARD GAMBLING

It is a crime under this section to:

1. knowingly cause, engage in or permit the
   promotion of illegal gambling, the possession of
   gambling records or the maintenance of a gambling resort
   on a vessel that embarks from any point within New
   Jersey, and disembarks at the same or another point
   within New Jersey, regardless of whether such gambling
   activities are conducted within or without the waters of
   New Jersey; or


2. manage, supervise, control, operate or own any
   vessel that embarks from any point within New Jersey
   and disembarks at the same or another point, while
   knowingly causing or permitting any of the
   aforementioned gambling activities to be conducted,
   regardless of whether the activities are conducted within
   or without the waters of New Jersey. N.J.S.A. 2C:37-
   4.1a; see also N.J.S.A. 2C:37-2 to -4.

A person who violates the provisions of N.J.S.A.
2C:37-4.1a is guilty of a crime of the same degree as the
most serious crime committed in violation of N.J.S.A.
2C:37.2 (promoting gambling), 2C:37-3 (possession of
gambling records), or 2C:37-4 (maintaining a gambling
resort), as appropriate. N.J.S.A. 2C:37-4.1b.

This section does not apply to gambling activity
conducted on United States-flagged or foreign-flagged
vessels traveling to another state or nation, except when
the ship is in New Jersey waters. N.J.S.A. 2C:37-4.1c.

VII. PRESUMPTION FOR GAMBLING OF-

FENSES

The Code establishes a presumption to facilitate
proof of a gambling offense. When necessary to prove the
occurrence of a sporting event, a published report of its
occurrence in any daily newspaper, magazine or other
periodically printed publication of general circulation is
admissible in evidence and constitutes a presumptive
proof of the occurrence of the event. N.J.S.A. 2C:37-5.
Given the effect allowed by the law of evidence under
N.J.S.A. 2C:1-13e, the presumption is rebuttable and
does not shift the burden of proof. Also, the jury is not
told of the presumption. Rather, the jury is advised that
it may draw a permissive inference from the publication

as to whether the sporting event occurred. See N.J.R.E.

303; State v. McCandless, 190 N.J. Super. 75, 79-84

(App. Div. 1983); State v. Humphreys, 54 N.J. 406, 416

(1969). The presumption also creates a hearsay

exception that provides for the admissibility of

newspaper accounts of sporting events as proof of their

existence.

VIII. LOTTERY OFFENSES; NO DEFENSE

It is no defense to a prosecution for conduct relating

to an illegal lottery that the lottery is drawn or conducted

outside New Jersey. N.J.S.A. 2C:37-6. No offense is

committed, however, for possession of slips, memoranda

or papers relating to a lottery authorized and sponsored

by another state, if such slips, memoranda, or papers were

purchased in the state where the lottery was authorized,

sponsored or operated. Id. This exemption does not

apply to receipts a defendant issues to persons for requests

to purchase out-of-state lottery tickets sold in New

Jersey. State v. Fiola, 242 N.J. Super. at 244-45.

IX. LOTTERY EQUIPMENT OR ADVICE FOR

OUT-OF-STATE UTILIZATION -- MANUFAC-

TURE, SALE AND TRANSPORT -- INAPPLICA-

BILITY OF LAW PROVIDING PENALTY OR

DISABILITY

This section was intended to assure that manufacture

of equipment for use in legal gambling remains legal. It

is not a violation under the Code to render consultation

or advice or to manufacture, process, sell, possess or

transport lottery tickets authorized for sale in a lottery

conducted or intended to be conducted by another state,

N.J.S.A. 2C:37-6.1a, or foreign country. N.J.S.A.

2C:37-6.1b. Tickets for such lotteries must be sent to

addresses within the state or country in which they are

conducted or intended to be conducted. The exemption

applies to lottery tickets and any equipment or other

materials, which are to be used in connection with those

lotteries and are shipped to addresses in those

jurisdictions. N.J.S.A. 2C:37-6.1

X. POSSESSION OF A GAMBLING DEVICE

It is a disorderly persons offense to knowingly

possess, manufacture, transport, place, conduct or

negotiate any transaction affecting or designed to affect

ownership, custody. or use of a slot machine or other

gambling device. N.J.S.A. 2C:37-7a and b. The

knowledge element relates to knowledge that the item is

a slot machine or gambling device. Also, if the