§ 2C:37-2 — Promoting gambling

2C:37-2. Promoting Gambling. a. Promoting Gambling Defined. A person is guilty of promoting gambling when the person knowingly: (1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby the person participates or will participate in the proceeds of gambling activity, including, but not limited to, gambling activity that occurs online, unless such gambling activity is under the regulation and control of the State; or (2) Engages in conduct, which materially aids any form of gambling activity. Such conduct includes, but is not limited to, conduct directed toward the creation or establishment of the particular game, contest, scheme, device, or activity involved; toward the acquisition or maintenance of premises, paraphernalia, equipment, or apparatus therefor; toward the solicitation or inducement of persons to participate therein; toward the actual conduct of the playing phases thereof; toward the arrangement of any of its financial or recording phases; or toward any other phase of its operation. b. Grading. A person who violates the provisions of subsection a. of this section by: (1) Engaging in bookmaking to the extent the person receives or accepts in any one day more than five bets totaling more than $1,000.00; or (2) Receiving, in connection with a lottery or policy scheme or enterprise (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than $100.00 in any one day of money played in such scheme or enterprise is guilty of a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $35,000.00 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2. A person who violates the provisions of subsection a. of this section by engaging in bookmaking to the extent the person receives or accepts three or more bets in any two-week period is guilty of a crime of the fourth degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $25,000.00 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2. Otherwise, promoting gambling is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $10,000.00 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2. c. It is an affirmative defense to a prosecution under subsection a. that the person participated only as a player. L.1978, c.95; amended 1979, c.178, s.69; 1997, c.181, s.9; 2025, c.128, s.27.