Underage Gambling

Underage gambling is taken seriously in New Jersey. While the penalties are unlikely to lead to any term of incarceration, the effects of a juvenile record can have significant ancillary effects, including impact on your child’s future career options.

As a prosecutor, I worked for a time in the Juvenile Unit and handled hundreds of juvenile cases. I am also familiar with common defenses raised in underage gambling cases. One such challenge includes New Jersey’s “De Minimis Infractions” statute, which asks a court to dismiss the charges based on lack of harm or criminal intent.

If you or a loved one is charged with casino-related offense, call 609-621-0015 now for a Free Consultation.

RELEVANT LAW:

N.J.S.A. 5:12-119. Gaming by certain persons prohibited; penalties; defenses

Gaming by Certain Persons Prohibited; Penalties; Defenses.

a. A person under the age at which a person is authorized to purchase and consume alcoholic beverages shall not enter, or wager in, a licensed casino or simulcasting facility, provided, however, that the person may enter a casino or simulcasting facility by way of passage to another room, and provided further, however, that any person licensed or registered under the provisions of the “Casino Control Act,” P.L.1977, c. 110 (C.5:12-1 et seq.), may enter a casino or simulcasting facility in the regular course of the person’s permitted activities.

Any person who violates this subsection shall be guilty of a disorderly person’s offense and shall be fined not less than $500 and not more than $1,000.

b. Any licensee or employee of a casino who allows a person under the age at which a person is authorized to purchase and consume alcoholic beverages to remain in or wager in a casino or simulcasting facility is guilty of a disorderly person offense; except that the establishment of all of the following facts by a licensee or employee allowing any underage person to remain shall constitute a defense to any prosecution therefor:

(1) That the underage person falsely represented in writing that he or she was at or over the age at which a person is authorized to purchase and consume alcoholic beverages;

(2) That the appearance of the underage person was such that an ordinarily prudent person would believe him or her to be at or over the age at which a person is authorized to purchase and consume alcoholic beverages; and

(3) That the admission was made in good faith, relying upon such written representation and appearance, and in the reasonable belief that the underage person was actually at or over the age at which a person is authorized to purchase and consume alcoholic beverages.

c. A person who knowingly allows or permits another person who is under his or her lawful care, custody, or control and who is under the age at which a person is authorized to purchase and consume alcoholic beverages to wager or attempt to wager in a licensed casino or simulcasting facility in violation of subsection a. of this section is guilty of a disorderly persons offense.