§712-1221  Promoting gambling in the first degree.  (1)  A person commits the offense of promoting gambling in the first degree if the person recklessly advances or profits from gambling activity by:

     (a)  Engaging in bookmaking to the extent that the person receives or accepts in any seven-day period more than five bets totaling more than $500;

     (b)  Receiving in connection with a lottery, or mutuel scheme or enterprise, money or written records from a person other than a player whose chances or plays are represented by such money or records; or

     (c)  Receiving or having become due and payable in connection with a lottery, mutuel, or other gambling scheme or enterprise, more than $1,000 in any seven-day period played in the scheme or enterprise.

     (2)  Promoting gambling in the first degree is a class B felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1983, c 161, §1; am L 1987, c 83, §1; gen ch 1992; am L 2022, c 111, §4]

Revision Note

  In subsection (1)(a), "or" deleted pursuant to §23G-15.

Case Notes

  Although it may have been error admitting into evidence, as expert opinion under HRE rule 702, officer's testimony concerning §712-1231(b), the social gambling defense, where defendant was not entitled to this defense in a prosecution for promoting gambling in the first degree under subsection (1)(c), error was harmless.  92 H. 98 (App.), 987 P.2d 996 (1999).