CHAPTER 10. CRIMES AND PENALTIES
IC 4-33-10
Chapter 10. Crimes and Penalties
IC 4-33-10-1
Class A misdemeanors
Sec. 1. (a) A person who knowingly or intentionally:
(1) makes a false statement on an application submitted under
this article;
(2) operates a gambling operation or a cruise in which wagering
is conducted or is to be conducted in a manner other than the
manner required under this article;
(3) permits a person less than twenty-one (21) years of age to
make a wager;
(4) aids, induces, or causes a person less than twenty-one (21)
years of age who is not an employee of the riverboat gambling
operation to enter or attempt to enter a riverboat;
(5) wagers or accepts a wager at a location other than a
riverboat; or
(6) makes a false statement on an application submitted to the
commission under this article;
commits a Class A misdemeanor.
(b) A person who:
(1) is not an employee of the riverboat gambling operation;
(2) is less than twenty-one (21) years of age; and
(3) knowingly or intentionally enters or attempts to enter a
riverboat;
commits a Class A misdemeanor.
As added by P.L.277-1993(ss), SEC.124. Amended by
P.L.192-2002(ss), SEC.19.
IC 4-33-10-2
Class D felonies
Sec. 2. A person who knowingly or intentionally does any of the
following commits a Class D felony:
(1) Offers, promises, or gives anything of value or benefit:
(A) to a person who is connected with the owner or
operating agent of a riverboat, including an officer or an
employee of a riverboat owner, an operating agent, or a
holder of an occupational license; and
(B) under an agreement to influence or with the intent to
influence:
(i) the actions of the person to whom the offer, promise, or
gift was made in order to affect or attempt to affect the
outcome of a gambling game; or
(ii) an official action of a commission member.
(2) Solicits, accepts, or receives a promise of anything of value
or benefit:
(A) while the person is connected with a riverboat, including
an officer or employee of a licensed owner, an operating
agent, or a holder of an occupational license; and
(B) under an agreement to influence or with the intent to
influence:
(i) the actions of the person to affect or attempt to affect
the outcome of a gambling game; or
(ii) an official action of a commission member.
(3) Uses or possesses with the intent to use a device to assist in:
(A) projecting the outcome of the game;
(B) keeping track of the cards played;
(C) analyzing the probability of the occurrence of an event
relating to the gambling game; or
(D) analyzing the strategy for playing or betting to be used
in the game, except as permitted by the commission.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards, chips, dice,
game, or device that is intended to be used to violate this article.
(6) Alters or misrepresents the outcome of a gambling game on
which wagers have been made after the outcome is made sure
but before the outcome is revealed to the players.
(7) Places a bet on the outcome of a gambling game after
acquiring knowledge that:
(A) is not available to all players; and
(B) concerns the outcome of the gambling game that is the
subject of the bet.
(8) Aids a person in acquiring the knowledge described in
subdivision (7) for the purpose of placing a bet contingent on
the outcome of a gambling game.
(9) Claims, collects, takes, or attempts to claim, collect, or take
money or anything of value in or from a gambling game:
(A) with the intent to defraud; or
(B) without having made a wager contingent on winning a
gambling game.
(10) Claims, collects, or takes an amount of money or thing of
value of greater value than the amount won in a gambling game.
(11) Uses or possesses counterfeit chips or tokens in or for use
in a gambling game.
(12) Possesses a key or device designed for:
(A) opening, entering, or affecting the operation of a
gambling game, drop box, or an electronic or a mechanical
device connected with the gambling game; or
(B) removing coins, tokens, chips, or other contents of a
gambling game.
This subdivision does not apply to a licensee or an operating
agent or an employee of a licensee or an operating agent acting
in the course of the employee's employment.
(13) Possesses materials used to manufacture a slug or device
intended to be used in a manner that violates this article.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,
SEC.16; P.L.2-1998, SEC.11; P.L.92-2003, SEC.45.
IC 4-33-10-2.1
Licensees or persons who have an interest in a licensee; operating
contract considered a license; operating agent considered a licensee
Sec. 2.1. (a) This section applies only to contributions made after
June 30, 1996.
(b) The definitions in IC 3-5-2 apply to this section to the extent
they do not conflict with the definitions in this article.
(c) As used in this section, "candidate" refers to any of the
following:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house
of the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "license" means:
(1) an owner's license issued under this article;
(2) a supplier's license issued under this article to a supplier of
gaming supplies or equipment, including electronic gaming
equipment; or
(3) an operating agent contract issued under this article.
(f) As used in this section, "licensee" means a person who holds
a license. The term includes an operating agent.
(g) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described
in subdivision (1).
(h) For purposes of this section, a person is considered to have an
interest in a licensee if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
licensee.
(2) The person is an officer of the licensee.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the licensee.
(4) The person is a political action committee of the licensee.
(i) A licensee is considered to have made a contribution if a
contribution is made by a person who has an interest in the licensee.
(j) A licensee or a person who has an interest in a licensee may
not make a contribution to a candidate or a committee during the
following periods:
(1) The term during which the licensee holds a license.
(2) The three (3) years following the final expiration or
termination of the licensee's license.
(k) A person who knowingly or intentionally violates this section
commits a Class D felony.
As added by P.L.4-1996, SEC.94. Amended by P.L.92-2003, SEC.46.
IC 4-33-10-2.5
Prohibition on gifts to induce committee members on local public
question
Sec. 2.5. (a) This section applies only to property given after June
30, 1996.
(b) The definitions in IC 3-5-2 apply to this section to the extent
they do not conflict with the definitions in this article.
(c) As used in this section, "license" means:
(1) an owner's license issued under this article;
(2) a supplier's license issued under this article to a supplier of
gaming supplies or equipment, including electronic gaming
equipment; or
(3) an operating agent contract entered into under this article.
(d) As used in this section, "licensee" means a person who holds
a license. The term includes an operating agent.
(e) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described
in subdivision (1).
(f) For purposes of this section, a person is considered to have an
interest in a licensee if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
licensee.
(2) The person is an officer of the licensee.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the licensee.
(4) The person is a political action committee of the licensee.
(g) A licensee or a person with an interest in a licensee may not
give any property (as defined in IC 35-41-1-23) to a member of a
precinct committee to induce the member of the precinct committee
to do any act or refrain from doing any act with respect to the
approval of a local public question under IC 4-33-6-19.
(h) A person who knowingly or intentionally violates this section
commits a Class D felony.
As added by P.L.24-1996, SEC.11. Amended by P.L.2-1997, SEC.14;
P.L.92-2003, SEC.47.
IC 4-33-10-3
Possession of cheating devices; presumption
Sec. 3. The possession of more than one (1) of the devices
described in section 2(3), 2(5), 2(12), or 2(13) of this chapter creates
a rebuttable presumption that the possessor intended to use the
devices for cheating.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,
SEC.17.
IC 4-33-10-4
Convicted felons; entering riverboats prohibited
Sec. 4. A person who is convicted of a felony described in this
chapter is barred for life from entering a riverboat regulated under
this article.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-10-5
Venue
Sec. 5. An action to prosecute a crime occurring on a riverboat
while the riverboat is moored at a dock or during a cruise shall be
tried in the county of the dock where the riverboat was moored or the
cruise was initiated.
As added by P.L.277-1993(ss), SEC.124. Amended by
P.L.192-2002(ss), SEC.20.