Colorado § 18-10-102 Definitions

Colorado Statutes

§ 18-10-102 — Definitions

Colorado·Title 18 Criminal·Art. Gambling

As used in this article 10, unless the context otherwise requires:

(1)Gain means the direct realization of winnings; profit means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from proprietorship, management, or unequal advantage in a series of transactions.

(2)Gambling means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:

(a)Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries;

(b)Bona fide business tran

Free access — add to your briefcase to read the full text and ask questions with AI

As used in this article 10, unless the context
otherwise requires:

(1) Gain means the direct realization of winnings; profit means any other
realized or unrealized benefit, direct or indirect, including without limitation
benefits from proprietorship, management, or unequal advantage in a series of
transactions.

(2) Gambling means risking any money, credit, deposit, or other thing of
value for gain contingent in whole or in part upon lot, chance, the operation of a
gambling device, or the happening or outcome of an event, including a sporting
event, over which the person taking a risk has no control, but does not include:

(a) Bona fide contests of skill, speed, strength, or endurance in which awards
are made only to entrants or the owners of entries;

(b) Bona fide business transactions which are valid under the law of
contracts;

(c) Other acts or transactions now or hereafter expressly authorized by law;

(d) Any game, wager, or transaction that is incidental to a bona fide social
relationship, is participated in by natural persons only, and in which no person is
participating, directly or indirectly, in professional gambling;

(e) Repealed.

(f) Any use of or transaction involving a crane game, as defined in section
44-30-103 (9); or

(g) Sports betting conducted in accordance with part 15 of article 30 of title
44 and applicable rules of the limited gaming control commission.

(3) Gambling device means any device, machine, paraphernalia, or
equipment that is used or usable in the playing phases of any professional
gambling activity, whether that activity consists of gambling between persons or
gambling by a person involving the playing of a machine; except that the term does
not include a crane game, as defined in section 44-30-103 (9).

(4) Gambling information means a communication with respect to any
wager made in the course of, and any information intended to be used for,
professional gambling. In the application of this definition the following shall be
presumed to be intended for use in professional gambling: Information as to
wagers, betting odds, or changes in betting odds. Legitimate news reporting of an
event for public dissemination is not gambling information within the meaning of
this article.

(5) Gambling premises means any building, room, enclosure, vehicle,
vessel, or other place, whether open or enclosed, used or intended to be used for
professional gambling. In the application of this definition, any place where a
gambling device is found is presumed to be intended to be used for professional
gambling.

(6) Gambling proceeds means all money or other things of value at stake or
displayed in or in connection with professional gambling.

(7) Gambling record means any record, receipt, ticket, certificate, token,
slip, or notation given, made, used, or intended to be used in connection with
professional gambling.

(8) Professional gambling means:

(a) Aiding or inducing another to engage in gambling, with the intent to
derive a profit therefrom; or

(b) Participating in gambling and having, other than by virtue of skill or luck,
a lesser chance of losing or a greater chance of winning than one or more of the
other participants.

(9) Repeating gambling offender means any person who is convicted of an
offense under section 18-10-103 (2) or sections 18-10-105 to 18-10-107 or sections
18-20-103 to 18-20-114 or sections 44-30-809 to 44-30-811 or 44-30-818 to 44-30-831 or 44-30-837, within five years after a previous misdemeanor conviction under
these sections or a former statute prohibiting gambling activities, or at any time
after a previous felony conviction under any of the mentioned sections. A conviction
in any jurisdiction of the United States of an offense which, if committed in this
state, would be professional gambling shall warrant a prosecution in this state as a
repeating gambling offender.

(10) Vintage slot machine means any model slot machine, as defined in
section 44-30-103 (30), that was introduced on the market prior to January 1, 1984.

Colorado § 18-10-102 (Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 71: R&RE, p. 477, � 1. C.R.S. 1963: � 40-10-102. L. 79: (2)(e) added, p. 557, � 3, effective July 1. L. 84: (2)(e) repealed, p. 437, � 2, effective April 30. L. 91: (9) amended, p. 1582, � 8, effective June 4. L. 92: (9) amended, p. 2174, � 26, effective June 2. L. 94: (10) added, p. 19, � 1, effective March 2. L. 95: (2) and (3) amended, p. 44, � 1, effective March 17. L. 2018: IP, (2)(f), (3), (9), and (10) amended, (SB 18-034), ch. 14, p. 239, � 13, effective October 1. L. 2019: (2)(d) and (2)(f) amended and (2)(g) added, (HB 19-1327), ch. 347, p. 3232, � 13, effective (see editor's note).