§ 12.1-28-02 — Gambling - Related offenses - Classification of offenses

Except as permitted by law:
1. It is an infraction to engage in gambling on private premises where the total amount
wagered by an individual player exceeds twenty-five dollars per individual hand, game,
or event.
2. It is a class A misdemeanor to:
a. Sell, purchase, receive, or transfer a chance to participate in a lottery, whether
the lottery is drawn in state or out of state, and whether the lottery is lawful in the
other state or country;
b. Disseminate information about a lottery with intent to encourage participation in it,
except that a legal lottery may be advertised in North Dakota; or
c. Engage in gambling on private premises where the total amount wagered by an
individual player exceeds five hundred dollars per individual hand, game, or
event.
3. A person is guilty of a class C felony if that person engages or participates in the
business of gambling. Without limitation, a person is deemed to be engaged in the
business of gambling if that person:
a. Conducts a wagering pool or lottery;
b. Receives wagers for or on behalf of another person;
c. Alone or with others, owns, controls, manages, or finances a gambling business;
d. Knowingly leases or otherwise permits a place to be regularly used to carry on a
gambling business or maintain a gambling house;
e. Maintains for use on any place or premises occupied by that person a
coin-operated gaming device; or

f. Is a public servant who shares in the proceeds of a gambling business whether
by way of a bribe or otherwise.
4. a. As used in subsection 3 but with the exceptions provided by subdivision b of this
subsection, the term "coin-operated gaming device" means any machine that is:
(1) A so-called "slot" machine that operates by means of the insertion of a coin,
token, or similar object and which, by application of the element of chance,
may deliver, or entitle the person playing or operating the machine to
receive cash, premiums, merchandise, or tokens; or
(2) A machine that is similar to machines described in paragraph 1 and is
operated without the insertion of a coin, token, or similar object.
b. The term "coin-operated gaming device" does not include a bona fide vending or
amusement machine in which gambling features are not incorporated as defined
in section 53-04-01, or an antique "slot" machine twenty-five years old or older
that is collected and possessed by a person as a hobby and is not maintained for
the business of gambling.
c. A law enforcement officer may seize any device described in subdivision a upon
probable cause to believe that the device was used or is intended to be used in
violation of this chapter or chapter 53-06.1. The court shall order the device
forfeited in the same manner and according to the same procedure as provided
under chapter 29-31.1.