The purpose behind the offense of possession of gambling records was to punish those facilitating the gambling rather than those actually doing the gambling. However it is easy to be mistaken by law enforcement as a facilitator or organizer instead of simply a player or participant. Gambling is no longer viewed by society with the distain that it once was, especially with the establishment of various Native American casinos throughout the state. Yet, law abiding individuals who participate in an office lottery, fantasy football league, or other organized betting system, can be targeted by the government.

In New York there are two degrees of possession of gambling records. Possession of gambling records will be upgraded from 2nd degree to 1st degree when the records possessed are of a kind that depict the possessor as a substantial bookmaking, lottery or policy operator, or when there are bookmaking records reflecting more than five bets totaling more than five thousand dollars, or when there are lottery or policy records reflecting more than five hundred plays or chances.

[1]

Possession of gambling records 2nd degree (PL 225.15) is classified as an “A” misdemeanor, punishable by either one (1) year in jail or three (3) years of probation, and with a fine of $1000. Possession of gambling records in the 1st degree (PL 225.20) is an “E” felony, punishable by either up to four (4) years in prison or five (5) years of probation, and with a fine of $5000.

Possession of Gambling Records 2nd Degree (PL 225.15) in Syracuse

“A person is guilty of possession of gambling records in the second degree when, with knowledge of the contents or nature thereof, he possesses any writing, paper, instrument or article:

  1. Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or
  2. Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise; except that in any prosecution under this subdivision, it is a defense that the writing, paper, instrument or article possessed by the defendant constituted, reflected or represented plays, bets or chances of the defendant himself in a number not exceeding ten.
  3. Of any paper or paper product in sheet form chemically converted to nitrocellulose having explosive characteristics.
  4. Of any water soluble paper or paper derivative in sheet form”

Possession of Gambling Records 1st Degree (PL 225.20) in Syracuse

“A person is guilty of possession of gambling records in the first degree when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article:

  1. Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more than five thousand dollars; or
  2. Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise, and constituting, reflecting or representing more than five hundred plays or chances therein”

Conclusion

To be frank, the gambling laws in Syracuse are archaic remnants of a time when society viewed gambling in a much harsher light. As mentioned above today there are many legal gambling establishments within New York, despite the fact that the New York constitution expressly states that gambling is illegal. In light of this, no one should be subjected to criminal penalties for minor gambling activities.

[1] New York Penal Law Section 225.20