§ 23-5-101 Renumbered 23-5-112
§ 23-5-102 Renumbered 23-5-151
§ 23-5-103 Renumbered 23-5-152
§ 23-5-104 Renumbered 23-5-153
§ 23-5-105 Repealed
§ 23-5-106 Repealed
§ 23-5-107 Repealed
§ 23-5-108 Renumbered 23-5-154
§ 23-5-109 Repealed
§ 23-5-110 Public policy of state concerning gambling
§ 23-5-111 Construction and application
§ 23-5-112 Definitions
§ 23-5-113 Department as criminal justice agency
§ 23-5-114 Department employees — activities prohibited
§ 23-5-115 Powers and duties of department — licensing
§ 23-5-116 Disclosure of information
§ 23-5-117 Premises approval
§ 23-5-118 Transfer of ownership interest — definitions
§ 23-5-119 Appropriate alcoholic beverage license for certain gambling activities
§ 23-5-120 reserved
§ 23-5-121 Repealed
§ 23-5-122 Repealed
§ 23-5-123 Disposal of fines and penalties for violation of gambling laws
§ 23-5-124 Repealed
§ 23-5-125 Repealed
§ 23-5-126 Repealed
§ 23-5-127 Repealed
§ 23-5-128 Distributor’s license — fees
§ 23-5-129 Route operator’s license — fees
§ 23-5-130 Allowable compensation for route operator
§ 23-5-131 Losses at illegal gambling may be recovered in civil action
§ 23-5-132 Repealed
§ 23-5-133 Repealed
§ 23-5-134 Repealed
§ 23-5-135 Discharge of defendant
§ 23-5-136 Injunction and other remedies
§ 23-5-137 Judicial review
§ 23-5-138 Evidence in administrative proceedings
§ 23-5-141 Repealed
§ 23-5-142 Repealed
§ 23-5-143 Repealed
§ 23-5-144 Repealed
§ 23-5-151 Gambling prohibited
§ 23-5-152 Possession of illegal gambling device or conducting illegal gambling enterprise prohibited — exceptions
§ 23-5-153 Possession and sale of antique gambling devices
§ 23-5-154 Soliciting participation in illegal gambling activity prohibited
§ 23-5-155 Counterfeiting or defacing documents — penalty
§ 23-5-156 Offering or obtaining anything of value by fraud or operation of illegal gambling device or enterprise
§ 23-5-157 Gambling on cash basis — penalties
§ 23-5-158 Minors not to participate — penalty — exception
§ 23-5-159 Illegal sale, assignment, lease, or transfer of license — penalty
§ 23-5-160 Shaking dice for drink or music or in shake-a-day game
§ 23-5-161 Criminal liabilities — misdemeanor
§ 23-5-162 Criminal liabilities — felony
§ 23-5-163 reserved
§ 23-5-164 Payroll checks — promotional activities prohibited
§ 23-5-165 Fishing derbies and wagering on natural occurrences
§ 23-5-171 Authority of local governments to regulate gambling
§ 23-5-172 Prosecution
§ 23-5-176 Qualifications for licensure
§ 23-5-177 Operator of gambling establishment — license — fee
§ 23-5-178 Associated gambling business
§ 23-5-179 reserved
§ 23-5-180 Property subject to forfeiture
§ 23-5-181 Petition — summons — service — answer
§ 23-5-182 Effect of failure to answer — hearing date following answer
§ 23-5-183 Rebuttable presumption of forfeiture — rebuttal of presumption
§ 23-5-184 Disposition of property
§ 23-5-185 Pursuing violation by or determining suitability for licensure of person whose license has expired
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Terms Used In Montana Code > Title 23 > Chapter 5 > Part 1 - General Provisions, Proceedings, and Penalties

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Personal property: All property that is not real property.
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203