§ 35-45-5-4.5 — Notice of illegal gambling to operator

Indiana § 35-45-5-4.5

• Jurisdiction: Indiana
• Art. 45: OFFENSES AGAINST PUBLIC HEALTH, ORDER,
• Ch. 5: Gambling

Text

5. (a) A prosecuting attorney may send
written notice to an operator described in section 2(c) or 3(b) of this
chapter. The notice must:
(1) specify the illegal gambling activity;
(2) state that the operator has not more than thirty (30) days after
the date the notice is received to remove the illegal gambling
activity; and
(3) state that failure to remove the illegal gambling activity not
more than thirty (30) days after receiving the notice may result in
the filing of criminal charges against the operator.
A prosecuting attorney who sends a notice under this section shall
forward a copy of the notice to the attorney general. The attorney
general shall maintain a depository to collect, maintain, and retain each
notice sent under this section.
(b) The manner of service of a notice under subsection (a) must be:
(1) in compliance with Rule 4.1, 4.4, 4.6, or 4.7 of the Indiana
Rules of Trial Procedure; or
(2) by publication in compliance with Rule 4.13 of the Indiana
Rules of Trial Procedure if service cannot be made under
subdivision (1) after a diligent search for the operator.
(c) A notice served under subsection (a):
(1) is admissible in a criminal proceeding under this chapter; and
(2) constitutes prima facie evidence that the operator had
knowledge that illegal gambling was occurring on the operator's
Internet site.
(d) A person outside Indiana who transmits information on a
computer network (as defined in IC 35-43-2-3) and who knows or
should know that the information is broadcast in Indiana submits to the
jurisdiction of Indiana courts for prosecution under this section.

Legislative History

As added by P.L.70-2005, SEC.5.