Massachusetts Gambling Laws
Ever changing, the Massachusetts gambling laws are somewhat difficult to follow. There has been a lot of speculation over the last few years surrounding gambling in this state. If you live In Massachusetts you will have a bit of research to do. You will see that Massachusetts is also the home of the Representative who is working toward legal online gambling. Barney Frank is attempting to federally legalize online gambling and his views are shared in the region covering Massachusetts. Though the laws are currently unclear, we are sure you will one day see Massachusetts online gambling laws that may be in favor of the industry. For you you will just have to wait.
We are not able to tell you whether or not any form of gambling is legal in Massachusetts as we are not lawyers. If you want the Massachusetts Gambling Statutes clarified, we suggest you find an attorney. We are not saying you should or should not play online gambling games, but instead we are here to show you where you can.
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Massachusetts Gambling Statutes
CHAPTER 271. CRIMES AGAINST PUBLIC POLICY
Chapter 271: Section 1. Gaming or betting; forfeiture
Section 1. Whoever, on a prosecution commenced within eighteen months after the commission of the crime, is convicted of winning at one time or sitting, by gaming or betting on the sides or hands of those gaming, money or goods to the value of five dollars or more, and of receiving the same or security therefor, shall forfeit double the value of such money or goods.
Chapter 271: Section 1A. "House", "building" and "place" including ship or vessel
Section 1A. The words "house", "building" and "place" used severally or together in this chapter shall mean and include a ship or vessel when it is within the territorial limits of the commonwealth.
Chapter 271: Section 2. Gaming or betting in public conveyance or place or while trespassing in private place; arrest without warrant
Section 2. Whoever, in a public conveyance or public place, or in a private place upon which he is trespassing, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, shall forfeit not more than fifty dollars or be imprisoned for not more than three months; and whoever sets up or permits such a game shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not less than three nor more than twelve months. If discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until complaint may be made against him for such offence.
Chapter 271: Section 3. Innholders and others keeping or suffering implements to be used for gaming
Section 3. Every innholder, common victualler or person keeping or suffering to be kept in any place occupied by him implements such as are used in gaming, in order that the same may for hire, gain or reward be used for amusement, who suffers implements of such kind to be used upon any part of such premises for gaming for money or other property, or who suffers a person to play at an unlawful game or sport therein, shall for the first offence forfeit not more than one hundred dollars or be imprisoned for not more than three months; and for a subsequent offence shall be imprisoned for not more than one year. In either case he shall further recognize with sufficient sureties in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against any of the provisions of sections one to six, inclusive, for three years from the date of the recognizance.
Chapter 271: Section 4. Gaming in inns and other occupied places; use of billiard table, bowling alley or other implement for gaming
Section 4. Whoever, in any place mentioned in the preceding section, for the purpose of gaming for money or other property, uses or takes part in using a billiard table, bowling alley or other implement of gaming, or there plays at an unlawful game or sport, or, for the purpose of such gaming, uses or takes part in using a billiard table or bowling alley kept by a person licensed under chapter one hundred and forty, shall forfeit not more than fifty dollars.
Chapter 271: Section 5. Gaming, lottery, pool or betting houses; tables or apparatus for gaming
Section 5. Whoever keeps or assists in keeping a common gaming house, or building or place occupied, used or kept for the purposes described in section twenty-three, or is found playing or present as provided in said section, or commonly keeps or suffers to be kept, in a building or place actually used and occupied by him, tables or other apparatus for the purpose of playing at an unlawful game or sport for money or any other valuable thing, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months.
Chapter 271: Section 5A. Gambling devices; forfeiture; antique slot machines
Section 5A. Whoever manufactures, transports, sells, offers for sale, stores, displays, repairs, reconditions, possesses or uses any gambling device or parts for use therein shall be punished by a fine of not more than five thousand dollars; provided, however, that fifty percent of the said fine shall be remitted to the city or town in which the violation occurred. The remaining fifty percent shall be remitted to the general fund of the commonwealth. As used in this section, the term "gambling device" means any so called "slot machine" or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and which, when operated, may deal, as a result of the application of an element of chance, any money or property; or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or any sub-assembly or essential part intended to be used in connection with any such machine or mechanical device. Any gambling device or parts for use therein manufactured, transported, sold, offered for sale, stored, displayed, repaired, reconditioned, possessed or used in violation of this section shall be seized and be forfeited to the commonwealth and disposed of in the manner provided under the provisions of chapter two hundred and seventy-six. In respect to their constitutionality, the provisions of this section are hereby declared to be separable.
It shall be a defense to any prosecution under this section to show that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, a slot machine shall be presumed to be an antique slot machine, if it was manufactured at least thirty years prior to either the arrest of the defendant, or seizure of the machine.
Chapter 271: Section 6. Gaming relative to cattle shows, military muster or public gathering; arrest without warrant
Section 6. Whoever, during or within twelve hours of the time of holding a cattle show, military muster or public gathering, within one mile of the place thereof, practices or engages in any gambling or unlawful game, shall forfeit not more than twenty dollars. If discovered in the act, he may be arrested without a warrant by any sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until a complaint may be made against him for such offence.
Chapter 271: Section 6B. Skill and similar games
Section 6B. Whoever, except as provided in section twenty-two B, sets up or promotes the game commonly known as skilo or any similar game regardless of name, shall be held to have set up and promoted a lottery and shall be punished as provided in section seven.
Chapter 271: Section 16A. Organizing or promoting gambling facilities or services
Section 16A. Whoever knowingly organizes, supervises, manages or finances at least four persons so that such persons may provide facilities or services or assist in the provision of facilities or services for the conduct of illegal lotteries, or for the illegal registration of bets or the illegal buying or selling of pools upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the happening of any event, or upon the result of a game, competition, political nomination, appointment or election, or whoever knowingly receives from at least four such persons compensation or payment in any form as a return from such lotteries, such registration or such buying or selling shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. As used in this section the word "persons" shall not include bettors or wagerers who merely avail themselves of such facilities or services for the purpose of making a bet or wager and do not otherwise provide or assist in the provision of such facilities or services. This section shall not apply to such bettors or wagerers.
Chapter 271: Section 17. Place for registering bets or dealing in pools; owner or occupant; custodian or depository
Section 17. Whoever keeps a building or room, or any part thereof, or occupies, or is found in, any place, way, public or private, park or parkway, or any open space, public or private, or any portion thereof, with apparatus, books or any device, for registering bets, or buying or selling pools, upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the result of a game, competition, political nomination, appointment or election, or whoever is present in such place, way, park or parkway, or any such open space, or any portion thereof, engaged in such business or employment; or, being such keeper, occupant, person found or person present, as aforesaid, registers such bets, or buys or sells such pools, or is concerned in buying or selling the same; or, being the owner, lessee or occupant of a building or room, or part thereof, or private grounds, knowingly permits the same to be used or occupied for any such purpose, or therein keeps, exhibits, uses or employs, or knowingly permits to be therein kept, exhibited, used or employed, any device or apparatus for registering such bets, or for buying or selling such pools, or whoever becomes the custodian or depository for hire, reward, commission or compensation in any manner, of any pools, money, property or thing of value, in any manner staked or bet upon such result, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years.
Chapter 271: Section 17A. Telephones; use for gaming purposes [ Text of section effective until December 31, 2009. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21 and 2008, 290, Sec. 12. For text effective December 31, 2009, see below.]
Section 17A. Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year; provided, however, that this section shall not apply to use of telephones or other devices or means to place wagers authorized pursuant to the provisions of section 5C of chapter 128A.
Chapter 271: Section 17A. Telephones; use for gaming purposes
[ Text of section effective December 31, 2009. See 2001, 139, Sec. 28 and 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21 and 2008, 290, Sec. 12. For text effective until December 31, 2009, see above.]
Section 17A. Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
Chapter 271: Section 39A. Gifts to influence action of participants in, and others connected with, a game or contest
Section 39A. Whoever gives, promises or offers to any professional or amateur baseball, football, hockey, polo, tennis or basketball player or any boxer or any player who participates or expects to participate in any professional or amateur game or sport or any jockey, driver or groom or any person participating or expecting to participate in any horse race, including owners of race tracks and their employees, stewards, trainers, judges, starters or special policemen, or to any manager, coach or trainer of any team or participant or prospective participant in any such game, contest or sport, any valuable thing with intent to influence him to lose, or try to lose, or cause to be lost, or to limit his or his team's margin of victory in, a baseball, football, hockey or basketball game, boxing, tennis or polo match or a horse race or any professional or amateur sport, or game, in which such player or participant or jockey or driver, is taking part or expects to take part, or has any duty or connection therewith, or whoever, being a professional or amateur baseball, football, hockey, basketball, tennis or polo player, boxer, or jockey, driver, or groom or participant or prospective participant in any sport or game or a manager, coach or trainer of any team or individual participant or prospective participant in any such game, contest or sport, solicits or accepts any valuable thing to influence him to lose, or try to lose, or cause to be lost, or to limit his or his team's margin of victory in, a baseball, football, hockey or basketball game or boxing, tennis or polo match, or horse race or any game of sport in which he is taking part, or expects to take part, or has any duty or connection therewith, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years, or both.
Massachusetts Gambling Laws courtesy of: http://www.mass.gov/legis/laws/mgl/gl-271-toc.htm
