18.2-325 - Definitions.
§ 18.2-325. Definitions.
1. "Illegal gambling" means the making, placing or receipt of any bet orwager in the Commonwealth of money or other thing of value, made in exchangefor a chance to win a prize, stake or other consideration or thing of value,dependent upon the result of any game, contest or any other event the outcomeof which is uncertain or a matter of chance, whether such game, contest orevent occurs or is to occur inside or outside the limits of the Commonwealth.
a. For the purposes of this subdivision and notwithstanding any provision inthis section to the contrary, the making, placing, or receipt of any bet orwager of money or other thing of value shall include the purchase of aproduct, which purchase credits the purchaser with free points or othermeasurable units that may be risked by the purchaser for an opportunity towin additional points or other measurable units that are redeemable by thepurchaser for money at the location where the product was purchased.
b. Nothing in this section shall be construed or interpreted to prohibit theconduct of any lawful game, contest, lottery, scheme, or promotional offeringthat complies with the requirements contained in § 18.2-325.1.
2. "Interstate gambling" means the conduct of an enterprise for profitwhich engages in the purchase or sale within the Commonwealth of any interestin a lottery of another state or country whether or not such interest is anactual lottery ticket, receipt, contingent promise to pay, order to purchase,or other record of such interest.
3. "Gambling device" includes:
a. Any device, machine, paraphernalia, equipment, or other thing, includingbooks, records and other papers, which are actually used in an illegalgambling operation or activity, and
b. Any machine, apparatus, implement, instrument, contrivance, board or otherthing, including but not limited to those dependent upon the insertion of acoin or other object for their operation, which operates, either completelyautomatically or with the aid of some physical act by the player or operator,in such a manner that, depending upon elements of chance, it may ejectsomething of value or determine the prize or other thing of value to whichthe player is entitled; provided, however, that the return to the user ofnothing more than additional chances or the right to use such machine is notdeemed something of value within the meaning of this subsection; and providedfurther, that machines that only sell, or entitle the user to, items ofmerchandise of equivalent value that may differ from each other incomposition, size, shape or color, shall not be deemed gambling deviceswithin the meaning of this subsection.
Such devices are no less gambling devices if they indicate beforehand thedefinite result of one or more operations but not all the operations. Norare they any less a gambling device because, apart from their use oradaptability as such, they may also sell or deliver something of value on abasis other than chance.
4. "Operator" includes any person, firm or association of persons, whoconducts, finances, manages, supervises, directs or owns all or part of anillegal gambling enterprise, activity or operation.
(1975, cc. 14, 15; 1992, c. 423; 2010, c. 877.)