[Rev. 11/21/2013 11:57:08 AM--2013]

CHAPTER 465 - CRIMES AND LIABILITIES CONCERNING GAMING

GENERAL PROVISIONS

NRS 465.015           Definitions.

UNLAWFUL ACTS AND EQUIPMENT

NRS 465.070           Fraudulent acts.

NRS 465.075           Use or possession of device, software or hardware to obtain advantage at playing game prohibited.

NRS 465.080           Possession, use, sale or manufacture of counterfeit, unapproved or unlawful instruments or items; possession of certain unlawful devices or paraphernalia for manufacturing slugs.

NRS 465.083           Cheating.

NRS 465.085           Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming; unlawful instruction.

NRS 465.088           Penalties for violation of NRS 465.070 to 465.085, inclusive.

NRS 465.090           Unlawful dissemination of information concerning racing; exemptions; penalty.

TRANSACTION OF WAGERS THROUGH MEDIUMS OF COMMUNICATION

NRS 465.091           “Medium of communication” defined.

NRS 465.092           Accepting, receiving or allowing another to accept or receive wager from person physically present in this state prohibited under certain circumstances; penalty.

NRS 465.093           Placing, sending, transmitting or relaying wagers to another person prohibited under certain circumstances; penalty.

NRS 465.094           Limitation on applicability of NRS 465.092 and 465.093.

MISCELLANEOUS

NRS 465.101           Detention and questioning of person suspected of violating chapter; limitations on liability; posting of notice.

NRS 465.110           Disposition of evidence seized by agent of State Gaming Control Board.

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GENERAL PROVISIONS

      NRS 465.015  Definitions.  As used in this chapter:

      1.  “Cheat” means to alter the elements of chance, method of selection or criteria which determine:

      (a) The result of a game;

      (b) The amount or frequency of payment in a game;

      (c) The value of a wagering instrument; or

      (d) The value of a wagering credit.

      2.  The words and terms defined in chapter 463 of NRS have the meanings ascribed to them in that chapter.

      (Added to NRS by 1981, 1292; A 1993, 830; 1995, 1502)

UNLAWFUL ACTS AND EQUIPMENT

      NRS 465.070  Fraudulent acts.  It is unlawful for any person:

      1.  To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.

      2.  To place, increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome.

      3.  To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.

      4.  Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling game.

      5.  To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets.

      6.  To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.

      7.  To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.

      8.  To offer, promise or give anything of value to anyone for the purpose of influencing the outcome of a race, sporting event, contest or game upon which a wager may be made, or to place, increase or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or game upon which the wager is placed, increased or decreased.

      9.  To change or alter the normal outcome of any game played on an interactive gaming system or a mobile gaming system or the way in which the outcome is reported to any participant in the game.

      [1911 C&P § 198; RL § 6463; NCL § 10146] + [1911 C&P § 199; RL § 6464; NCL § 10147]—(NRS A 1967, 587; 1977, 477; 1979, 1476; 1981, 1292; 1987, 414; 1989, 1112; 2001, 3095; 2005, 723)

      NRS 465.075  Use or possession of device, software or hardware to obtain advantage at playing game prohibited.  It is unlawful for any person to use, possess with the intent to use or assist another person in using or possessing with the intent to use any computerized, electronic, electrical or mechanical device, or any software or hardware, or any combination thereof, which is designed, constructed, altered or programmed to obtain an advantage at playing any game in a licensed gaming establishment or any game that is offered by a licensee or affiliate, including, without limitation, a device that:

      1.  Projects the outcome of the game;

      2.  Keeps track of cards played or cards prepared for play in the game;

      3.  Analyzes the probability of the occurrence of an event relating to the game; or

      4.  Analyzes the strategy for playing or betting to be used in the game,

Ê except as may be made available as part of an approved game or otherwise permitted by the Commission.

      (Added to NRS by 1985, 970; A 2011, 216; 2013, 1317)

      NRS 465.080  Possession, use, sale or manufacture of counterfeit, unapproved or unlawful instruments or items; possession of certain unlawful devices or paraphernalia for manufacturing slugs.

      1.  It is unlawful for any licensee, employee or other person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to possess, use, sell or manufacture counterfeit chips, counterfeit debit instruments or other counterfeit wagering instruments in a gambling game, associated equipment or a cashless wagering system.

      2.  It is unlawful for any licensee, employee or other person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to possess, use, sell or manufacture any counterfeit instruments, counterfeit tickets or other counterfeit items that are used to determine the outcome of any contest or promotional activity conducted by or on behalf of any licensee.

      3.  It is unlawful for any person, in playing or using any gambling game, associated equipment or cashless wagering system designed to be played with, receive or be operated by chips, tokens, wagering credits or other wagering instruments approved by the State Gaming Control Board or by lawful coin of the United States of America:

      (a) Knowingly to use other than chips, tokens, wagering credits or other wagering instruments approved by the State Gaming Control Board or lawful coin, legal tender of the United States of America, or to use coin or tokens not of the same denomination as the coin or tokens intended to be used in that gambling game, associated equipment or cashless wagering system; or

      (b) To use any device or means to violate the provisions of this chapter.

      4.  It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of such employment within an establishment, to have on his or her person or in his or her possession on or off the premises of any licensed gaming establishment any device intended to be used to violate the provisions of this chapter.

      5.  It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of such employment within an establishment, to have on his or her person or in his or her possession on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, cashless wagering system or drop box, or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.

      6.  It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of such employment within an establishment, to have on his or her person or in his or her possession any paraphernalia for manufacturing slugs. As used in this subsection, “paraphernalia for manufacturing slugs” means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips, tokens, debit instruments or other wagering instruments approved by the State Gaming Control Board or a lawful coin of the United States, the use of which is unlawful pursuant to subsection 3. The term includes, but is not limited to:

      (a) Lead or lead alloys;

      (b) Molds, forms or similar equipment capable of producing a likeness of a gaming token or United States coin;

      (c) Melting pots or other receptacles;

      (d) Torches;

      (e) Tongs, trimming tools or other similar equipment; and

      (f) Equipment which can be reasonably demonstrated to manufacture facsimiles of debit instruments or wagering instruments approved by the State Gaming Control Board.

      7.  Possession of more than one of the devices, equipment, products or materials described in this section permits a rebuttable inference that the possessor intended to use them for cheating.

      [1:239:1951; A 1955, 13] + [2:239:1951]—(NRS A 1965, 1467; 1967, 588; 1973, 445; 1977, 475; 1979, 1477; 1981, 1293; 1989, 971; 1991, 939; 1993, 830; 1995, 1502; 2007, 1120)

      NRS 465.083  Cheating.  It is unlawful for any person, whether the person is an owner or employee of or a player in an establishment, to cheat at any gambling game.

      (Added to NRS by 1967, 1282; A 1969, 408; 1977, 325; 1979, 1478; 1981, 1294)

      NRS 465.085  Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming; unlawful instruction.

      1.  It is unlawful to manufacture, sell or distribute any cards, chips, dice, game or device which is intended to be used to violate any provision of this chapter.

      2.  It is unlawful to mark, alter or otherwise modify any associated equipment or gaming device, as defined in chapter 463 of NRS, in a manner that:

      (a) Affects the result of a wager by determining win or loss; or

      (b) Alters the normal criteria of random selection, which affects the operation of a game or which determines the outcome of a game.

      3.  It is unlawful for any person to instruct another in cheating or in the use of any device for that purpose, with the knowledge or intent that the information or use so conveyed may be employed to violate any provision of this chapter.

      (Added to NRS by 1967, 1283; A 1975, 697; 1977, 386; 1979, 1478; 1981, 1294; 1989, 972)

      NRS 465.088  Penalties for violation of NRS 465.070 to 465.085, inclusive.

      1.  A person who violates any provision of NRS 465.070 to 465.085, inclusive, is guilty of a category B felony and shall be punished:

      (a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (b) For a second or subsequent violation of any of these provisions, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000. The court shall not suspend a sentence of imprisonment imposed pursuant to this paragraph, or grant probation to the person convicted.

      2.  A person who attempts, or two or more persons who conspire, to violate any provision of NRS 465.070 to 465.085, inclusive, each is guilty of a category B felony and shall be punished by imposing the penalty provided in subsection 1 for the completed crime, whether or not he or she personally played any gambling game or used any prohibited device.

      (Added to NRS by 1981, 1292; A 1985, 970; 1995, 1295)

      NRS 465.090  Unlawful dissemination of information concerning racing; exemptions; penalty.

      1.  It is unlawful for a person to furnish or disseminate any information in regard to racing or races, from any point within this state to any point outside the State of Nevada, by telephone, telegraph, teletype, radio or any signaling device, with the intention that the information is to be used to induce betting or wagering on the result of the race or races, or with the intention that the information is to be used to decide the result of any bet or wager made upon the race or races.

      2.  This section does not prohibit:

      (a) A newspaper of general circulation from printing and disseminating news concerning races that are to be run or the results of races that have been run; or

      (b) The furnishing or dissemination of information concerning wagers made in an off-track pari-mutuel system of wagering approved by the Nevada Gaming Commission.

      3.  A person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      [1:134:1941; 1931 NCL § 6225] + [2:134:1941; 1931 NCL § 6225.01]—(NRS A 1967, 588; 1979, 1478; 1989, 711; 1995, 1296)

TRANSACTION OF WAGERS THROUGH MEDIUMS OF COMMUNICATION

      NRS 465.091  “Medium of communication” defined.  As used in NRS 465.091 to 465.094, inclusive, unless the context otherwise requires, “medium of communication” includes, but is not limited to, mail, telephone, television, telegraph, facsimile, cable, wire, the Internet or any other similar medium.

      (Added to NRS by 1997, 3318)

      NRS 465.092  Accepting, receiving or allowing another to accept or receive wager from person physically present in this state prohibited under certain circumstances; penalty.

      1.  Except as otherwise provided in NRS 465.094, a person, alone or with others, shall not knowingly, within or outside of this state:

      (a) Accept or receive, directly or indirectly, through any medium of communication a wager from another person who is physically present within this state; or

      (b) Allow a lessee, agent or employee to accept or receive, directly or indirectly, through any medium of communication a wager from another person who is physically present within this state.

      2.  If a person engages in conduct in violation of subsection 1 and the person is outside of this state at the time of the offense:

      (a) The offense shall be deemed to commence outside of this state;

      (b) The offense shall be deemed to be consummated within this state; and

      (c) The person may be prosecuted within this state pursuant to the provisions of NRS 171.015.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1997, 3318)

      NRS 465.093  Placing, sending, transmitting or relaying wagers to another person prohibited under certain circumstances; penalty.

      1.  Except as otherwise provided in NRS 465.094, a person, alone or with others, shall not knowingly:

      (a) From within this state, place, send, transmit or relay through a medium of communication a wager to another person or an establishment that is located within or outside of this state; or

      (b) From outside of this state, place, send, transmit or relay through a medium of communication a wager to another person or an establishment that is located within this state.

      2.  A person who violates the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1997, 3319)

      NRS 465.094  Limitation on applicability of NRS 465.092 and 465.093.  The provisions of NRS 465.092 and 465.093 do not apply to a wager placed by a person for the person’s own benefit or, without compensation, for the benefit of another that is accepted or received by, placed with, or sent, transmitted or relayed to:

      1.  A race book or sports pool that is licensed pursuant to chapter 463 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering;

      2.  A person who is licensed to engage in off-track pari-mutuel wagering pursuant to chapter 464 of NRS, if the wager is accepted or received within this State and otherwise complies with subsection 3 of NRS 464.020 and all other applicable laws and regulations concerning wagering;

      3.  A person who is licensed to operate a mobile gaming system pursuant to chapter 463 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering;

      4.  Any other person or establishment that is licensed to engage in wagering pursuant to title 41 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering; or

      5.  Any other person or establishment that is licensed to engage in wagering in another jurisdiction and is permitted to accept or receive a wager from patrons within this State under an agreement entered into by the Governor pursuant to NRS 463.747.

      (Added to NRS by 1997, 3319; A 2005, 724; 2013, 1035, 3314)

MISCELLANEOUS

      NRS 465.101  Detention and questioning of person suspected of violating chapter; limitations on liability; posting of notice.

      1.  Any licensee, or the officers, employees or agents of the licensee may question any person in the licensee’s establishment suspected of violating any of the provisions of this chapter. No licensee or any of the officers, employees or agents of the licensee is criminally or civilly liable:

      (a) On account of any such questioning; or

      (b) For reporting to the State Gaming Control Board or law enforcement authorities the person suspected of the violation.

      2.  Any licensee or any of the officers, employees or agents of the licensee who has probable cause for believing that there has been a violation of this chapter in the licensee’s establishment by any person may take that person into custody and detain that person in the establishment in a reasonable manner and for a reasonable length of time. Such a taking into custody and detention does not render the licensee or the officers, employees or agents of the licensee criminally or civilly liable unless it is established by clear and convincing evidence that the taking into custody and detention are unreasonable under all the circumstances.

      3.  No licensee or the officers, employees or agents of the licensee are entitled to the immunity from liability provided for in subsection 2 unless there is displayed in a conspicuous place in the licensee’s establishment a notice in boldface type clearly legible and in substantially this form:

 

       Any gaming licensee, or any of the officers, employees or agents of the gaming licensee who has probable cause for believing that any person has violated any provision of chapter 465 of NRS prohibiting cheating in gaming may detain that person in the establishment.

 

      (Added to NRS by 1971, 580; A 1973, 446; 1981, 1295; 1983, 564)

      NRS 465.110  Disposition of evidence seized by agent of State Gaming Control Board.

      1.  After the final adjudication of a complaint involving a violation of this chapter or chapters 462 to 464, inclusive, of NRS, or of any other complaint involving the seizure of evidence by an agent of the Board, the court may enter an appropriate order disposing of all physical evidence pertaining to the complaint, whether or not the evidence was introduced as an exhibit.

      2.  Except as otherwise provided in subsection 3, evidence seized by an agent of the Board which does not result in a complaint charging a violation of the law and evidence for which an order of disposition is not entered pursuant to subsection 1, must be disposed of as follows:

      (a) The Board shall notify by certified mail each potential claimant of the evidence that the potential claimant has 30 days after receipt of the notice within which to file a written claim with the Board for return of the evidence.

      (b) If more than one person files a claim for the evidence:

             (1) The claimants may agree among themselves as to how they wish to divide the evidence, subject to the approval of the Board;

             (2) The claimants may agree to submit the matter to binding arbitration or any claimant may institute legal proceedings to determine the proper disposition of the evidence; or

             (3) The Board may file an action as an interpleader pursuant to N.R.C.P. 22 to determine the rightful claimant.

Ê The Board shall transfer the property to the claimants in accordance with any agreement approved by the Board, final judgment or award made pursuant to the provisions of this section.

      (c) A person who receives property from the Board pursuant to this section shall execute such documents as are required by the Board to defend, hold harmless, indemnify and release the Board from any liability arising from the delivery of the property to the claimant.

      (d) If no claim is submitted, the Board shall deposit all money in the State Treasury for credit to the State General Fund and may use all other property for any lawful purpose. The Board may dispose of any property which cannot be used for any lawful purpose in the manner provided in NRS 179.165.

      3.  Evidence which constitutes a device for cheating may not be returned to a claimant and must be retained by the Board. The Board shall periodically destroy such devices in the manner provided by regulations adopted by the Commission.

      (Added to NRS by 1987, 414; A 1989, 972; 1991, 1080)