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:
- 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 - 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