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Minnesota Legislature

Office of the Revisor of Statutes

609.76 OTHER ACTS RELATING TO GAMBLING.
    Subdivision 1. Gross misdemeanors. Whoever does any of the following may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or
both:
(1) maintains or operates a gambling place or operates a bucket shop;
(2) intentionally participates in the income of a gambling place or bucket shop;
(3) conducts a lottery, or, with intent to conduct a lottery, possesses facilities for doing so;
(4) sets up for use for the purpose of gambling, or collects the proceeds of, any gambling
device or bucket shop;
(5) except as provided in section 299L.07, manufactures, sells, offers for sale, or otherwise
provides, in whole or any part thereof, any gambling device including those defined in section
349.30, subdivision 2;
(6) with intent that it be so used, manufactures, sells, or offers for sale any facility for
conducting a lottery, except as provided by section 349.40; or
(7) receives, records, or forwards bets or offers to bet or, with intent to receive, record, or
forward bets or offers to bet, possesses facilities to do so.
    Subd. 2. Sports bookmaking. Whoever engages in sports bookmaking is guilty of a felony.
    Subd. 3. Cheating. Whoever cheats in a game, as described in this subdivision, is subject
to the following penalties:
(i) if the person holds a license related to gambling or is an employee of the licensee, the
person is guilty of a felony; and
(ii) any other person is guilty of a gross misdemeanor. Any person who is a repeat offender
is guilty of a felony.
A person cheats in a game by intentionally:
(1) altering or misrepresenting the outcome of a game or event on which wagers have been
made, after the outcome is determined, but before the outcome is revealed to the players;
(2) placing, canceling, increasing, or decreasing a bet after acquiring knowledge, not
available to other players, of the outcome of the game or subject of the bet, or of events affecting
the outcome of the game or subject of the bet;
(3) claiming or collecting money or anything of value from a game or authorized gambling
establishment not won or earned from the game or authorized gambling establishment;
(4) manipulating a gambling device or associated equipment to affect the outcome of the
game or the number of plays or credits available on the game; or
(5) otherwise altering the elements of chance or methods of selection or criteria which
determine the result of the game or amount or frequency of payment of the game.
    Subd. 4. Certain devices prohibited. (a) Whoever uses or possesses a probability-calculating
or outcome-affecting device at an authorized gambling establishment is guilty of a felony. For
purposes of this subdivision, a "probability-calculating" or "outcome-affecting" device is any
device to assist in:
(1) projecting the outcome of a game other than pari-mutuel betting authorized by chapter
240;
(2) keeping track of or counting cards used in a game;
(3) analyzing the probability of the occurrence of an event relating to a game other than
pari-mutuel betting authorized by chapter 240; or
(4) analyzing the strategy for playing or betting in a game other than pari-mutuel betting
authorized by chapter 240.
For purposes of this section, a book, graph, periodical, chart, or pamphlet is not a
"probability-calculating" or "outcome-affecting" device.
(b) Whoever uses, or possesses with intent to use, a key or other instrument for the purpose
of opening, entering, and affecting the operation of any game or gambling device or for removing
money, chips, tokens, or other contents from therein, is guilty of a felony. This paragraph does
not apply to an agent or employee of an authorized gambling establishment acting within the
scope of employment.
    Subd. 5. Counterfeit chips prohibited. Whoever intentionally uses counterfeit chips or
tokens to play a game at an authorized gambling establishment as defined in section 609.75,
subdivision 5
, designed to be played with or operated by chips or tokens is guilty of a felony. For
purposes of this subdivision, counterfeit chips or tokens are chips or tokens not approved by the
government regulatory agency for use in an authorized gambling activity.
    Subd. 6. Manufacture, sale, and modification prohibited. (a) Whoever manufactures,
sells, distributes, or otherwise provides cards, chips, tokens, dice, or other equipment or devices
intended to be used to violate this section, is guilty of a felony.
(b) Whoever intentionally marks, alters, or otherwise modifies lawful associated equipment
or gambling devices for the purpose of violating this section is guilty of a felony.
    Subd. 7. Instruction. Whoever instructs another person to violate the provisions of this
section, with the intent that the information or knowledge conveyed be used to violate this
section, is guilty of a felony.
    Subd. 8. Value of chips or tokens. The value of chips or tokens approved for use in a game
designed to be played with or operated by chips or tokens, as the term "value" is used in section
609.52, is the amount or denomination shown on the face of the chip or token representing
United States currency. Chips used in tournament play at a card club at a class A facility have no
United States currency value.
History: 1963 c 753 art 1 s 609.76; 1981 c 126 s 4; 1983 c 214 s 37; 1984 c 628 art 3 s 11;
1989 c 334 art 6 s 9; 1990 c 590 art 2 s 17; 1991 c 336 art 2 s 48; 2000 c 336 s 10-16