SF 2701

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; creating the crime of 
  1.3             gambling fraud; providing criminal penalties; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 609. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [609.763] [LAWFUL GAMBLING FRAUD.] 
  1.8      Subdivision 1.  [CRIME.] A person is guilty of a crime and 
  1.9   may be sentenced as provided in subdivision 2 if the person does 
  1.10  any of the following: 
  1.11     (1) knowingly claims a lawful gambling prize using altered 
  1.12  or counterfeited gambling equipment; 
  1.13     (2) knowingly claims a lawful gambling prize by means of 
  1.14  fraud, deceit, or misrepresentation; 
  1.15     (3) manipulates any form of lawful gambling or tampers with 
  1.16  any gambling equipment with intent to influence the outcome of a 
  1.17  game or the receipt of a prize; or 
  1.18     (4) knowingly places or uses false information on a prize 
  1.19  receipt or on any other form approved for use by the gambling 
  1.20  control board or the alcohol and gambling enforcement division 
  1.21  of the department of public safety. 
  1.22     Subd. 2.  [PENALTY.] A person who violates subdivision 1 
  1.23  may be sentenced as follows: 
  1.24     (1) if the dollar amount involved is $500 or less, the 
  1.25  person is guilty of a misdemeanor; 
  2.1      (2) if the dollar amount involved is more than $500 but not 
  2.2   more than $2,500, the person is guilty of a gross misdemeanor; 
  2.3   and 
  2.4      (3) if the dollar amount involved is more than $2,500, the 
  2.5   person is guilty of a felony and may be sentenced to 
  2.6   imprisonment for not more than three years or to payment of a 
  2.7   fine of not more than $6,000, or both. 
  2.8      Subd. 3.  [AGGREGATION; JURISDICTION.] In a prosecution 
  2.9   under this section, the dollar amounts obtained in violation of 
  2.10  subdivision 1 within any 12-month period may be aggregated and 
  2.11  the defendant charged accordingly.  When two or more offenses 
  2.12  are committed by the same person in two or more counties, the 
  2.13  defendant may be prosecuted in any county in which one of the 
  2.14  offenses was committed for all of the offenses aggregated under 
  2.15  this subdivision. 
  2.16     Sec. 2.  [EFFECTIVE DATE.] 
  2.17     Section 1 is effective August 1, 2000, and applies to 
  2.18  crimes committed on or after that date.