As used in this article 10, unless the context otherwise requires:
(1) "Gain" means the direct realization of winnings; "profit" means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from proprietorship, management, or unequal advantage in a series of transactions.
(2) "Gambling" means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:
(a) Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries;
(b) Bona fide business transactions which are valid under the law of contracts;
(c) Other acts or transactions now or hereafter expressly authorized by law;
(d) Any game, wager, or transaction that is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling;
(e) Repealed.
(f) Any use of or transaction involving a crane game, as defined in section 44-30-103 (9); or
(g) Sports betting conducted in accordance with part 15 of article 30 of title 44 and applicable rules of the limited gaming control commission.
(3) "Gambling device" means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine; except that the term does not include a crane game, as defined in section 44-30-103 (9).
(4) "Gambling information" means a communication with respect to any wager made in the course of, and any information intended to be used for, professional gambling. In the application of this definition the following shall be presumed to be intended for use in professional gambling: Information as to wagers, betting odds, or changes in betting odds. Legitimate news reporting of an event for public dissemination is not gambling information within the meaning of this article.
(5) "Gambling premises" means any building, room, enclosure, vehicle, vessel, or other place, whether open or enclosed, used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found is presumed to be intended to be used for professional gambling.
(6) "Gambling proceeds" means all money or other things of value at stake or displayed in or in connection with professional gambling.
(7) "Gambling record" means any record, receipt, ticket, certificate, token, slip, or notation given, made, used, or intended to be used in connection with professional gambling.
(8) "Professional gambling" means:
(a) Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or
(b) Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants.
(9) "Repeating gambling offender" means any person who is convicted of an offense under section 18-10-103 (2) or sections 18-10-105 to 18-10-107 or sections 18-20-103 to 18-20- 114 or sections 44-30-809 to 44-30-811 or 44-30-818 to 44-30-831 or 44-30-837, within five years after a previous misdemeanor conviction under these sections or a former statute prohibiting gambling activities, or at any time after a previous felony conviction under any of the mentioned sections. A conviction in any jurisdiction of the United States of an offense which, if committed in this state, would be professional gambling shall warrant a prosecution in this state as a repeating gambling offender.
(10) "Vintage slot machine" means any model slot machine, as defined in section 44-30- 103 (30), that was introduced on the market prior to January 1, 1984. Source: L. 71: R&RE, p. 477, § 1. C.R.S. 1963: § 40-10-102. L. 79: (2)(e) added, p. 557, § 3, effective July 1. L. 84: (2)(e) repealed, p. 437, § 2, effective April 30. L. 91: (9) amended, p. 1582, § 8, effective June 4. L. 92: (9) amended, p. 2174, § 26, effective June 2. L. 94: (10) added, p. 19, § 1, effective March 2. L. 95: (2) and (3) amended, p. 44, § 1, effective March 17. L. 2018: IP, (2)(f), (3), (9), and (10) amended, (SB 18-034), ch. 14, p. 239, § 13, effective October 1. L. 2019: (2)(d) and (2)(f) amended and (2)(g) added, (HB 19-1327), ch. 347, p. 3232, § 13, effective (see editor's note).
Editor's note: Section 16(2) of chapter 347 (HB 19-1327), Session Laws of Colorado 2019, provides that changes to this section take effect May 1, 2020, only if, at the November 2019 statewide election, a majority of voters approve the ballot question submitted pursuant to § 44-30-1514. That ballot question, referred to the registered electors as proposition DD, was approved on November 5, 2019, and was proclaimed by the Governor on December 20, 2019. The vote count for the measure was as follows: FOR: 800,745 AGAINST: 756,712
Notes of Decisions
Charnes v. Cent. City Opera House Ass'n, 773 P.2d 546 (Colo. 1989).
· cites it 67× “The definition of “gambling,” however, does not stop there, but rather goes on to exempt certain conduct which otherwise might reasonably have been considered as satisfying the general definition of “gambling.”
Sniezek v. Colorado Dep't of Revenue, 113 P.3d 1280 (Colo. Ct. App. 2005).
· cites it 8× “” Section 18-10-102(2), C.R.S.2004. Accordingly, gambling requires the existence of the following three elements: (1) risking any money or thing of value; (2) for gain; (3) contingent in whole or in part upon lot, chance, or the happening of an event over which the person taking…”
Brownlee v. State, Dep't of Revenue, Exec. Dir., 686 P.2d 1372 (Colo. Ct. App. 1984).
· cites it 6× “The hearing officer found as a matter of fact, inter alia, that plaintiff authorized and permitted gambling as defined by § 18-10-102(2), C.R.S. (1978 Repl.Vol. 8), the use of a gambling device as defined by § 18-10-102(3), C.”
United States v. Mosko, 654 F. Supp. 402 (D. Colo. 1987).
· cites it 3× ““Professional gambling”, as defined by C.R.S. § 18-10-102(8), is one of the enumerated offenses.”
People v. Miller, 604 P.2d 36 (Colo. 1979).
· cites it 5× “” Section 18-10-102(2), C.R.S. 1973 (1978 Repl.”
People v. Becker, 759 P.2d 26 (Colo. 1988).
“(1986) (prostitution); § 18-10-102(2), 8B C.R. *32 S. (1986) (gambling).”
Leichliter v. State Liquor Licensing Auth., Dep't of Revenue, 9 P.3d 1153 (Colo. Ct. App. 2000).
· cites it 5× “See § 18-10-102(2), C.R.S.1999. However, any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in only by natural persons, and in which no person is participating, directly or indirectly, in professional gambling, is excluded…”
Houston v. Younghans, 580 P.2d 801 (Colo. 1978).
· cites it 6× “” Section 18-10-102(2) (d). Professional gambling, the proscription of which is the real focus of the code, is defined in section 18-10-102(8) as: “(a) Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or “(b) Participating in…”
Berckefeldt v. Hammer, 616 P.2d 183 (Colo. Ct. App. 1980).
· cites it 6× “l persons from seeking profit from gambling activities in this state; to restrain all persons from patronizing such activities when conducted for the profit of any person; to safeguard the public against the evils induced by common gamblers and common gambling houses; and at the…”
Cent. City Opera House Ass'n v. Charnes, 743 P.2d 58 (Colo. Ct. App. 1987).
· cites it 4× “8B), “gambling” is defined in § 18-10-102(2), C.R.S. (1986 Repl. Vol. 8B) defines gambling, and that definition excludes games, wagers, or transactions that are “incidental to a bone fide social relationship” and as to which no one is engaging in “professional gambling.”
Leichliter v. Liquor Licensing Auth., 9 P.3d 1153 (Colo. Ct. App. 2000).
· cites it 5× “See § 18-10-102(2), C.R.S.1999. However, any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in only by natural persons, and in which no person is participating, directly or indirectly, in professional gambling, is excluded…”
— Colo. Rev. Stat. § 18-10-102(1) — 1 case
Charnes v. Cent. City Opera House Ass'n, 773 P.2d 546 (Colo. 1989).
“The definition of “gambling,” however, does not stop there, but rather goes on to exempt certain conduct which otherwise might reasonably have been considered as satisfying the general definition of “gambling.”
— Colo. Rev. Stat. § 18-10-102(2) — 10 cases
Charnes v. Cent. City Opera House Ass'n, 773 P.2d 546 (Colo. 1989).
“The definition of “gambling,” however, does not stop there, but rather goes on to exempt certain conduct which otherwise might reasonably have been considered as satisfying the general definition of “gambling.”
Brownlee v. State, Dep't of Revenue, Exec. Dir., 686 P.2d 1372 (Colo. Ct. App. 1984).
“The hearing officer found as a matter of fact, inter alia, that plaintiff authorized and permitted gambling as defined by § 18-10-102(2), C.R.S. (1978 Repl.Vol. 8), the use of a gambling device as defined by § 18-10-102(3), C.”
Sniezek v. Colorado Dep't of Revenue, 113 P.3d 1280 (Colo. Ct. App. 2005).
“” Section 18-10-102(2), C.R.S.2004. Accordingly, gambling requires the existence of the following three elements: (1) risking any money or thing of value; (2) for gain; (3) contingent in whole or in part upon lot, chance, or the happening of an event over which the person taking…”
People v. Becker, 759 P.2d 26 (Colo. 1988).
“(1986) (prostitution); § 18-10-102(2), 8B C.R. *32 S. (1986) (gambling).”
People v. Miller, 604 P.2d 36 (Colo. 1979).
“” Section 18-10-102(2), C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-10-102(2)(c) — 1 case
Charnes v. Cent. City Opera House Ass'n, 773 P.2d 546 (Colo. 1989).
“The definition of “gambling,” however, does not stop there, but rather goes on to exempt certain conduct which otherwise might reasonably have been considered as satisfying the general definition of “gambling.”
— Colo. Rev. Stat. § 18-10-102(2)(d) — 5 cases
Charnes v. Cent. City Opera House Ass'n, 773 P.2d 546 (Colo. 1989).
“The definition of “gambling,” however, does not stop there, but rather goes on to exempt certain conduct which otherwise might reasonably have been considered as satisfying the general definition of “gambling.”
Leichliter v. State Liquor Licensing Auth., Dep't of Revenue, 9 P.3d 1153 (Colo. Ct. App. 2000).
“See § 18-10-102(2), C.R.S.1999. However, any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in only by natural persons, and in which no person is participating, directly or indirectly, in professional gambling, is excluded…”
Leichliter v. Liquor Licensing Auth., 9 P.3d 1153 (Colo. Ct. App. 2000).
“See § 18-10-102(2), C.R.S.1999. However, any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in only by natural persons, and in which no person is participating, directly or indirectly, in professional gambling, is excluded…”
Berckefeldt v. Hammer, 616 P.2d 183 (Colo. Ct. App. 1980).
“l persons from seeking profit from gambling activities in this state; to restrain all persons from patronizing such activities when conducted for the profit of any person; to safeguard the public against the evils induced by common gamblers and common gambling houses; and at the…”
— Colo. Rev. Stat. § 18-10-102(2)(e) — 1 case
Charnes v. Cent. City Opera House Ass'n, 773 P.2d 546 (Colo. 1989).
“The definition of “gambling,” however, does not stop there, but rather goes on to exempt certain conduct which otherwise might reasonably have been considered as satisfying the general definition of “gambling.”
— Colo. Rev. Stat. § 18-10-102(3) — 3 cases
Sniezek v. Colorado Dep't of Revenue, 113 P.3d 1280 (Colo. Ct. App. 2005).
“” Section 18-10-102(2), C.R.S.2004. Accordingly, gambling requires the existence of the following three elements: (1) risking any money or thing of value; (2) for gain; (3) contingent in whole or in part upon lot, chance, or the happening of an event over which the person taking…”
Brownlee v. State, Dep't of Revenue, Exec. Dir., 686 P.2d 1372 (Colo. Ct. App. 1984).
“The hearing officer found as a matter of fact, inter alia, that plaintiff authorized and permitted gambling as defined by § 18-10-102(2), C.R.S. (1978 Repl.Vol. 8), the use of a gambling device as defined by § 18-10-102(3), C.”
— Colo. Rev. Stat. § 18-10-102(8) — 5 cases
United States v. Mosko, 654 F. Supp. 402 (D. Colo. 1987).
““Professional gambling”, as defined by C.R.S. § 18-10-102(8), is one of the enumerated offenses.”
Charnes v. Cent. City Opera House Ass'n, 773 P.2d 546 (Colo. 1989).
“The definition of “gambling,” however, does not stop there, but rather goes on to exempt certain conduct which otherwise might reasonably have been considered as satisfying the general definition of “gambling.”
People v. Miller, 604 P.2d 36 (Colo. 1979).
“” Section 18-10-102(2), C.R.S. 1973 (1978 Repl.”
Houston v. Younghans, 580 P.2d 801 (Colo. 1978).
“” Section 18-10-102(2) (d). Professional gambling, the proscription of which is the real focus of the code, is defined in section 18-10-102(8) as: “(a) Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or “(b) Participating in…”
— Colo. Rev. Stat. § 18-10-102(8)(a) — 1 case
Charnes v. Cent. City Opera House Ass'n, 773 P.2d 546 (Colo. 1989).
“The definition of “gambling,” however, does not stop there, but rather goes on to exempt certain conduct which otherwise might reasonably have been considered as satisfying the general definition of “gambling.”
— Colo. Rev. Stat. § 18-10-102(9) — 1 case
United States v. Mosko, 654 F. Supp. 402 (D. Colo. 1987).
““Professional gambling”, as defined by C.R.S. § 18-10-102(8), is one of the enumerated offenses.”
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