THE MICHIGAN PENAL CODE
Act 328 of 1931
750.314 Winning at gambling.
Sec. 314.
Any person who by playing at cards, dice, or any other game, or by betting or putting up money on cards, or by any other means or device in the nature of betting on cards, or betting of any kind, wins or obtains any sum of money or any goods, or any article of value whatever, is guilty of a misdemeanor if the money, goods, or articles so won or obtained are of the value of not more than $50.00. If the money, goods, or articles so won or obtained are of the value of more than $50.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.314 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
FormerLaw Notes:
See section 9 of Ch. 43 of R.S. 1846, being CL 1857, § 1582; CL 1871, § 1992; How., § 2023; CL 1897, § 5929; CL 1915, § 7795; CL 1929, § 9111; and Act 171 of 1877.
Notes of Decisions
United States v. Thomas Tripp, 782 F.2d 38 (6th Cir. 1986).
“The pertinent Michigan gambling statute, Mich.Comp.Laws Ann. § 750.314, makes it unlawful for any person “by playing at cards .”
Nat'l Recovery Sys. v. Kasle, 662 F. Supp. 139 (E.D. Mich. 1987).
· cites it 2× “§§ 750.314, 750.315. Although the general Michigan law is to prohibit gambling, the Legislature has passed a series of laws which erode this general rule.”
United States v. Frank R. Joseph, 835 F.2d 1149 (6th Cir. 1987).
“Clearly with respect to the incident with Gerald Briskin, Joseph conspired to violate Mich.Comp.Laws § 750.314 (1968), which makes it illegal for a person to win at gambling.”
United States v. Dakota, 666 F. Supp. 989 (W.D. Mich. 1985).
· cites it 2× “Any person who wins money at gambling is guilty of a misdemeanor, Mich.Comp.Laws Ann. § 750.314, and any person who attends or frequents any place where gaming or gambling is permitted is guilty of a misdemean- or.”
United States v. Dicristina, 886 F. Supp. 2d 164 (E.D.N.Y 2012).
“086(1) (authorizing poker games at racetracks if those games are played in compliance with Florida law); Mich. Comp. Laws Ann. § 750.314 (making it unlawful for any person “by playing at cards .”
People v. Dansby, 210 N.W.2d 392 (Mich. Ct. App. 1973).
“533; MCLA 750.314; MSA 28.546. Therefore, even under defendant’s theory of the law, under the facts in this case complainant could not have been deemed to have intended to part with the title to the money lost in the card game for under the law she would be entitled to the…”
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