Indiana criminal charge
Professional gambling; professional gambling over the Internet in Indiana
Professional gambling; professional gambling over the Internet is a criminal offense under Indiana law, defined by Ind. Code § 35-45-5-3. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-5-3.
What is the penalty for professional gambling; professional gambling over the internet in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Professional gambling — A person knowingly or intentionally engages in pool-selling, bookmaking, maintaining prohibited gambling devices accessible to the public, conducting lotteries or numbers games, conducting banking or percentage games, or accepting money risked in gambling for profit.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Professional gambling — A person knowingly or intentionally engages in pool-selling, bookmaking, maintaining prohibited gambling devices accessible to the public, conducting lotteries or numbers games, conducting banking or percentage games, or accepting money risked in gambling for profit.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Professional gambling — prior conviction — The offense described in subsection (a) is committed by a person who has a prior unrelated conviction under subsection (a).; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Professional gambling — prior conviction — The offense described in subsection (a) is committed by a person who has a prior unrelated conviction under subsection (a).) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 6 months to 30 months (Professional gambling over the Internet — An operator knowingly or intentionally uses the Internet to engage in pool-selling, bookmaking, maintain online equivalents of prohibited gambling devices, conduct lotteries or numbers games, conduct banking or percentage games, or accept money risked in gambling for profit, in Indiana or in a transaction directly involving a person located in Indiana.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Professional gambling over the Internet — An operator knowingly or intentionally uses the Internet to engage in pool-selling, bookmaking, maintain online equivalents of prohibited gambling devices, conduct lotteries or numbers games, conduct banking or percentage games, or accept money risked in gambling for profit, in Indiana or in a transaction directly involving a person located in Indiana.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is professional gambling; professional gambling over the internet classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Professional gambling | Level 6 Felony | A person knowingly or intentionally engages in pool-selling, bookmaking, maintaining prohibited gambling devices accessible to the public, conducting lotteries or numbers games, conducting banking or percentage games, or accepting money risked in gambling for profit. | Ind. Code § 35-45-5-3(a) |
| Professional gambling — prior conviction | Level 5 Felony | The offense described in subsection (a) is committed by a person who has a prior unrelated conviction under subsection (a). | Ind. Code § 35-45-5-3(a) |
| Professional gambling over the Internet | Level 6 Felony | An operator knowingly or intentionally uses the Internet to engage in pool-selling, bookmaking, maintain online equivalents of prohibited gambling devices, conduct lotteries or numbers games, conduct banking or percentage games, or accept money risked in gambling for profit, in Indiana or in a transaction directly involving a person located in Indiana. | Ind. Code § 35-45-5-3(b) |
Common questions about professional gambling; professional gambling over the internet in Indiana
Is professional gambling; professional gambling over the Internet a felony or a misdemeanor in Indiana?
It depends on the circumstances: professional gambling; professional gambling over the Internet ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-45-5-3.
Professional gambling: Level 6 Felony (Ind. Code § 35-45-5-3(a)) · Professional gambling — prior conviction: Level 5 Felony (Ind. Code § 35-45-5-3(a)) · Professional gambling over the Internet: Level 6 Felony (Ind. Code § 35-45-5-3(b))
What are the penalties for professional gambling; professional gambling over the Internet in Indiana?
Penalties for professional gambling; professional gambling over the Internet in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers professional gambling; professional gambling over the Internet?
Professional gambling; professional gambling over the Internet is governed by Ind. Code § 35-45-5-3 (Professional gambling; professional gambling over the Internet).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.