Keeping a Gambling Place

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Keeping a Gambling Place is a Class A Misdemeanor

Statute(s)

§47.04. KEEPING A GAMBLING PLACE.

(a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.

(b) It is an affirmative defense to prosecution under this section that:
     (1) the gambling occurred in a private place;
     (2) no person received any economic benefit other than personal winnings; and
     (3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.

(c) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 667, ch. 251, Sec. 1, eff. Aug. 29, 1977. Acts 1989, 71st Leg., ch. 1030, Sec. 1, eff. Sept. 1, 1989. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Caselaw

Collateral Consequences

Might be construed to be a Crime of Moral Turpitude

This offense is listed as a deportable offense for non-citizen residents.

Notes

Mist private gambling like poker nights and football pools are legal and are exempted under this statute. As long as it is conducted in a private place like a home, is not "rigged" and there is no "house take" you should be fine.

Discuss this offense with The Law Office of Alison Grinter