HOUSE BILL No. 1042
DIGEST OF INTRODUCED BILL
Synopsis: Internet gambling prohibition. Makes Internet gambling a
Class B misdemeanor. Makes providing gambling through the Internet
a Class D felony. Requires an interactive computer service to
discontinue its service if notified by a law enforcement agency that the
service is being used to promote professional gambling. Requires an
interactive computer service to block access to a site used to promote
Effective: July 1, 2001.
Denbo, Crawford, Brown C
January 8, 2001, read first time and referred to Committee on Public Policy, Ethics and
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1042
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-45-5-1; (01)IN1042.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
"By means of the World Wide Web" means by placement of
material in a computer server based file archive so that it is
publicly accessible over the Internet using hypertext transfer
protocol, file transfer protocol, or other similar protocols.
"Gain" means the direct realization of winnings.
"Gambling" means risking money or other property for gain,
contingent in whole or in part upon lot, chance, or the operation of a
gambling device; but it does not include participating in:
(1) bona fide contests of skill, speed, strength, or endurance in
which awards are made only to entrants or the owners of entries;
(2) bona fide business transactions that are valid under the law of
"Gambling device" means:
(1) a mechanism by the operation of which a right to money or
other property may be credited, in return for consideration, as the
result of the operation of an element of chance;
(2) a mechanism that, when operated for a consideration, does not
return the same value or property for the same consideration upon
(3) a mechanism, furniture, fixture, construction, or installation
designed primarily for use in connection with professional
(4) a policy ticket or wheel; or
(5) a subassembly or essential part designed or intended for use
in connection with such a device, mechanism, furniture, fixture,
construction, or installation.
In the application of this definition, an immediate and unrecorded right
to replay mechanically conferred on players of pinball machines and
similar amusement devices is presumed to be without value.
"Gambling information" means:
(1) a communication with respect to a wager made in the course
of professional gambling; or
(2) information intended to be used for professional gambling.
"Interactive computer service" includes the following:
(1) An information service, system, or access software
provider that provides or enables computer access by multiple
users to a computer server.
(2) An information service, system, or access software
provider that provides access to the Internet.
(3) An information service, system, or access software
provider that is operated or offered by a library or
"Internet" refers to the combination of computer facilities and
electromagnetic transmission media, and related equipment and
software, comprising the interconnected worldwide network of
computer networks that employ the Transmission Control
Protocol/Internet Protocol, or any predecessor or successor
protocol to transmit information.
"Profit" means a realized or unrealized benefit (other than a gain)
and includes benefits from proprietorship or management and unequal
advantage in a series of transactions.
SOURCE: IC 35-45-5-2; (01)IN1042.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. A person who
knowingly or intentionally engages in gambling by means of the
World Wide Web or other means
commits unlawful gambling, a
Class B misdemeanor.
SOURCE: IC 35-45-5-3; (01)IN1042.1.3. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. A person who
knowingly or intentionally:
(1) engages in pool-selling;
(2) engages in bookmaking;
(3) maintains, in a place accessible to the public, slot machines,
one-ball machines or variants thereof, pinball machines that
award anything other than an immediate and unrecorded right of
replay, roulette wheels, dice tables, or money or merchandise
pushcards, punchboards, jars, or spindles;
(4) conducts lotteries, gift enterprises, or policy or numbers
games, or sells chances therein;
(5) conducts any banking or percentage games played with cards,
dice, or counters, or accepts any fixed share of the stakes therein;
(6) accepts, or offers to accept, for profit, money or other property
risked in gambling; or
(7) engages in an activity described in subdivisions (1) through
(6) by means of the World Wide Web;
commits professional gambling, a Class D felony.
SOURCE: IC 35-45-5-4; (01)IN1042.1.4. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) Except as
provided in subsection (b), a person who:
(1) knowingly or intentionally owns, manufactures, possesses,
buys, sells, rents, leases, repairs, or transports a gambling device,
or offers or solicits an interest in a gambling device;
(2) before a race, game, contest, or event on which gambling may
be conducted, knowingly or intentionally transmits or receives
gambling information by any means, or knowingly or intentionally
installs or maintains equipment for the transmission or receipt of
(3) having control over the use of a place, knowingly or
intentionally permits another person to use the place for
professional gambling; or
(4) engages in an activity described in subdivisions (1) through
(3) by means of the World Wide Web;
commits promoting professional gambling, a Class D felony.
(b) Subsection (a)(1) does not apply to a boat manufacturer who:
(1) transports or possesses a gambling device solely for the
purpose of installing that device in a boat that is to be sold and
transported to a buyer; and
(2) does not display the gambling device to the general public or
make the device available for use in Indiana.
(c) When a public utility is notified by a law enforcement agency
acting within its jurisdiction that any service, facility, or equipment
furnished by it is being used or will be used to violate this section, it
shall discontinue or refuse to furnish that service, facility, or
equipment, and no damages, penalty, or forfeiture, civil or criminal,
may be found against a public utility for an act done in compliance
with such a notice. This subsection does not prejudice the right of a
person affected by it to secure an appropriate determination, as
otherwise provided by law, that the service, facility, or equipment
should not be discontinued or refused, or should be restored.
(d) When a law enforcement agency acting within its
jurisdiction notifies an interactive computer service that a service,
facility, or equipment furnished by the interactive computer
service is being used or will be used to commit an offense under
this section, the interactive computer service shall discontinue or
refuse to furnish the service, facility, or equipment to the person
using or who will use the service, facility, or equipment to commit
an offense under this section. No damages, penalty, or forfeiture,
civil or criminal, may be found against the interactive computer
service for an act done in compliance with the notice. This
subsection does not affect the right of a person to secure an
appropriate determination that the service, facility, or equipment
must not be discontinued or refused, or must be restored.
(e) Whenever a law enforcement agency acting within its
jurisdiction notifies an interactive computer service that a site or
area to which the interactive computer service provides access is
being used or will be used for the purpose of transmitting or
receiving gambling information in violation of Indiana law, the
interactive computer service shall:
(1) give reasonable notice to the subscribers of its service; and
(2) use all technological means possible to block access to the
site or area through its service.