Idaho Code § 18-3801
Gambling defined.
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Gambling defined.
"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, the operation of casino gambling including, but not limited to, blackjack, craps, roulette, poker, bacarrat or keno, but does not include:
(1) Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entrants; or
(2) Bona fide business transactions which are valid under the law of contracts; or
(3) Games that award only additional play; or
(4) Merchant promotional contests and drawings conducted incidentally to bona fide nongaming business operations, if prizes are awarded without consideration being charged to participants; or
(5) Other acts or transactions now or hereafter expressly authorized by law.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1953–2023 · leading case: MDS INVESTMENTS, LLC v. State
MDS INVESTMENTS, LLC v. State (2003)
“Thereafter, the court issued its memorandum decision and order holding that Boise City Code §§ 6-3-2, 6-3-6, 6-3-7, and 6-3-9 were void as being either unconstitutional or preempted by state law; that Idaho Code §§ 18-3801 , 18-3802, and 18-3810 were not unconstitutionally…”
Coeur D'Alene Tribe v. State (1994)
“Former Idaho Code § 18-3801 provided as follows: 18-3801.”
State of Idaho v. Coeur D'Alene Tribe (2015)
“4 The Tribe’s interpretations of Idaho law are not persuasive. Though skill undoubtedly plays a role in Hold’em, 5 the game does not qualify for the statutory exemption for bona fide contests of skill, speed, strength or endurance.”
State v. Village of Garden City (1953)
“” and Section 18-3801, I.C., as amended 1953 S.”
State v. Fitzpatrick (1965)
“Idaho Code § 18-3801 is a penal statute. As such, it cannot be broadened or extended by construction to include and penalize acts or conduct not clearly within its terms.”
Idaho v. Coeur D'Alene Tribe (2014)
“s as follows: “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, the operation of casino…”
Prendergast v. Dwyer (1965)
“This is not a criminal action wherein one is charged with the misdemeanor of playing or carrying on gambling games by the use of various gambling devices under I.C. § 18-3801; nor is it an action to abate a public or moral nuisance, I.”
United States v. Dicristina (2012)
“”); Idaho Code § 18-3801 (defining gambling as including poker and excluding “[b]ona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entrants”); Iowa Code § 99B.”
Planned Parenthood Great Northwest v. State (2023)
“§§ 18-3301 to -3325 (prohibiting certain sales, conduct, possession, or use of certain firearms, explosives, and other deadly weapons); I.C. §§ 18-3801 to -3810 (prohibiting types of gambling); I.”
— Idaho Code § 18-3801(1) — 1 case
Idaho v. Coeur D'Alene Tribe (2014)
“s as follows: “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, the operation of casino…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.