{"data":{"id":"us-nd/n.d.-cent.-code-12.1-28-02","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 12.1-28-02","heading":"Gambling - Related offenses - Classification of offenses","body":"Except as permitted by law:\n1.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.\n2.It is a class A misdemeanor to:\na.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;\nb.Disseminate information about a lottery with intent to encourage participation in it, except that a legal lottery may be advertised in North Dakota; or\nc.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.\n3.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:\na.Conducts a wagering pool or lottery;\nb.Receives wagers for or on behalf of another person;\nc.Alone or with others, owns, controls, manages, or finances a gambling business;\nd.Knowingly leases or otherwise permits a place to be regularly used to carry on a gambling business or maintain a gambling house;\ne.Maintains for use on any place or premises occupied by that person a coin-operated gaming device; or\nf.Is a public servant who shares in the proceeds of a gambling business whether by way of a bribe or otherwise.\n4.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:\n(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\n(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.\nb.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.\nc.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.","path":["Title 12.1 Criminal Code","Chapter 12.1-28 Gambling And Related Offenses"],"source_url":"https://ndlegis.gov/cencode/t12-1c28.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"8167682ea9138699174377c09623572b33584fe116af93ef602d91f3d53415da","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-12.1-28-01","next":"us-nd/n.d.-cent.-code-12.1-29-01"},"notice":"GroundRules: Original legal text. Not legal advice."}