Delaware Code Title 29 Sec. 4836 – Penalties for wagering by excluded persons
(a) Any person whose name has been placed on the list of persons to be excluded from participating in any capacity in the play of any sports lottery game or Internet lottery game or excluded or ejected from a video lottery agent‘s facility, except for persons whose name has been placed on the self-exclusion list, who thereafter knowingly participates in any capacity in the play of any sports lottery game or Internet lottery game or enters the premises of a video lottery facility, is guilty of a class A misdemeanor.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 29 Sec. 4836
- Director: as used in this subchapter , shall mean the Director of the State Lottery Office. See Delaware Code Title 29 Sec. 4803
- Gaming area: shall mean a location in a video lottery facility where gaming activity is conducted at video lottery machines or table games. See Delaware Code Title 29 Sec. 4803
- Internet lottery: shall mean all lottery games in which the player's interaction with the game operated by the Office occurs over the Internet (which, for purposes of this chapter, shall include any public or private computer or terminal network, whether linked electronically, wirelessly, through optical networking technology or other means), including Internet ticket games, the Internet video lottery and Internet table games. See Delaware Code Title 29 Sec. 4803
- 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.
- Sports lottery: shall mean a lottery in which the winners are determined based on the outcome of any professional or collegiate sporting event, including racing, held within or without the State, but excluding collegiate sporting events that involve a Delaware college or university and amateur or professional sporting events that involve a Delaware team. See Delaware Code Title 29 Sec. 4803
- Video lottery: shall mean any lottery conducted in a video lottery facility with a video lottery machine or a network of linked video lottery machines with an aggregate progression prize or prizes (excluding keno, table games, and the Internet lottery). See Delaware Code Title 29 Sec. 4803
- Video lottery agent: means a person whom the Director has licensed to conduct table games, video lottery games, sports lottery games, and Internet lottery games and who possesses either a horse racing meet license pursuant to Title 3 or Title 28 of the Delaware Code, a harness racing meet license pursuant to Title 3 of the Delaware Code, or both. See Delaware Code Title 29 Sec. 4803
- Video lottery facility: shall mean a building containing a gaming area. See Delaware Code Title 29 Sec. 4803
(b) Any person whose name has been placed on the self-exclusion list, who thereafter knowingly enters a gaming area or engages in the Internet lottery, is guilty of a class A misdemeanor.
(c) A video lottery agent shall have a duty to keep from its premises any person who is on the list of persons to be excluded from entering a video lottery facility and shall have a duty to keep from its gaming room any person who is on the self-exclusion list. The Director may revoke, limit, condition, or suspend the license of a video lottery agent, or impose a fine or other monetary penalty, if that video lottery agent knowingly fails to exclude or eject from its premises any person placed on the list of persons to be excluded or ejected, or knowingly fails to exclude or eject from its gaming room any person on the self-exclusion list.
(d) A person who is prohibited from gaming activity by any order of the Director, or court of competent jurisdiction, or by any provision of this subchapter, including underage persons and any person on the exclusion or self-exclusion list, shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity. The Director shall provide by regulation for the procedures of handling the forfeiture of any winnings or the prohibition of recovering any losses by persons prohibited from gaming activity as set forth in this subsection.
(e) In addition to any other penalty provided by law, any money or thing of value which has been obtained by any person prohibited from gaming activity in a video lottery facility shall be subject to an order of forfeiture by the Director, following notice to the prohibited person and an opportunity for the prohibited person to be heard as set forth by regulation.
(f) The Director also shall establish regulations concerning the disposition of any forfeited funds received under this section.
77 Del. Laws, c. 219, § ?20; 78 Del. Laws, c. 285, § ?18; 82 Del. Laws, c. 158, § 1;