§ 14:90 — Gambling

Louisiana § 14:90

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§90. Gambling
A.(1)(a) Gambling is the intentional conducting, or directly assisting in the
conducting, as a business, of any game, contest, lottery, or contrivance whereby a person
risks the loss of anything of value in order to realize a profit.
(b) Whoever commits the crime of gambling shall be fined not more than five
hundred dollars, or imprisoned for not more than six months, or both.
(2) Whoever conducts, finances, manages, supervises, directs, or owns all or part of
an illegal gambling business shall be fined not more than twenty thousand dollars, or
imprisoned with or without hard labor, for not more than five years, or both when:
(a) R.S. 14:90 is violated.
(b) Five or more persons are involved who conduct, finance, manage, supervise,
direct, or own all or part of an illegal gambling business.
(c) Such business has been in or remains in substantially continuous operation for
a period of thirty days or more or, if the continuous operation is for less than thirty days, has
a gross revenue of two thousand dollars in any single day.
B. The conducting, or directly assisting in the conducting, as a business, of any
game, contest, lottery, or contrivance on board a commercial cruiseship used for the
international carriage of passengers whereby a person risks the loss of anything of value in
order to realize a profit is not gambling and shall not be suppressed by any law enforcement
officer of the state of Louisiana or any of its political subdivisions. This Subsection shall
apply only to commercial cruiseships for the carriage of passengers which are sailing from
a port outside the continental limits of the United States to a port in any municipality of this
state having a population of more than three hundred thousand or any such ship which is
sailing from a port in such a municipality to a port outside the continental limits of the
United States, provided that the ship is not docked or anchored but is navigating en route
between such ports.
C. The conducting or assisting in the conducting of gaming activities or operations
upon a riverboat at the official gaming establishment, by operating an electronic video draw
poker device, by a charitable gaming licensee, or at a pari-mutuel wagering facility,
conducting slot machine gaming at an eligible horse racing facility, or the operation of a state
lottery which is licensed for operation and regulated under the provisions of Chapters 4 and
11 of Title 4, Chapters 4, 5, 7, and 8 of Title 27, or Subtitle XI of Title 47 of the Louisiana
Revised Statutes of 1950, is not gambling for the purposes of this Section, so long as the
wagering is conducted on the premises of the licensed establishment.
D. Except as provided in R.S. 27:305, participation in any fantasy sports contest as
defined by R.S. 27:302 shall not be considered gambling for the purposes of this Section.
E. Sports wagering shall not be considered gambling for purposes of this Section so
long as the wagering is conducted in compliance with Chapter 10 of Title 27 of the Louisiana
Revised Statutes of 1950 or Chapter 10 of Subtitle XI of Title 47 of the Louisiana Revised
Statutes of 1950.

Legislative History

Amended by Acts 1968, No. 647, §1; Acts 1979, No. 633, §1; Acts 1990, No. 1045, §2, eff. Nov. 7, 1990; Acts 1991, No. 158, §1; Acts 1991, No. 289, §6; Acts 1991, No. 753, §2, eff. July 18, 1991; Acts 1992, No. 384, §2, eff. June 18, 1992; Acts 2010, No. 518, §§1, 2; Acts 2011, 1 st Ex. Sess., No. 17, §1; Acts 2012, No. 161, §1, eff. August 1, 2012; Acts 2018, No. 322, §3, see Act; Acts 2021, No. 80, §2, eff. July 1, 2021; Acts 2021, No. 440, §3, eff. July 1, 2021.