572.010. Chapter definitions. — As used in this chapter the following terms mean:
(1) "Advance gambling activity", a person advances gambling activity if, acting other than as a player, he or she engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes but is not limited to conduct directed toward the creation or establishment of the particular game, lottery, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement or communication of any of its financial or recording phases, or toward any other phase of its operation. A person advances gambling activity if, having substantial proprietary control or other authoritative control over premises being used with his or her knowledge for purposes of gambling activity, he or she permits that activity to occur or continue or makes no effort to prevent its occurrence or continuation. The supplying, servicing and operation of a licensed excursion gambling boat under sections 313.800 to 313.840 does not constitute advancing gambling activity;
(2) "Bookmaking", advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events;
(3) "Contest of chance", any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that the skill of the contestants may also be a factor therein;
(4) "Gambling", a person engages in gambling when he or she stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his or her control or influence, upon an agreement or understanding that he or she will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health or accident insurance; nor does gambling include playing an amusement device that confers only an immediate right of replay not exchangeable for something of value. Gambling does not include any licensed activity, or persons participating in such games which are covered by sections 313.800 to 313.840;
(5) "Gambling device", any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person with a machine. However, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices within this definition;
(6) "Gambling record", any article, instrument, record, receipt, ticket, certificate, token, slip or notation used or intended to be used in connection with unlawful gambling activity;
(7) "Lottery" or "policy", an unlawful gambling scheme in which for a consideration the participants are given an opportunity to win something of value, the award of which is determined by chance;
(8) "Player", a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein. A person who engages in "bookmaking" as defined in subdivision (2) of this section is not a player;
(9) "Professional player", a player who engages in gambling for a livelihood or who has derived at least twenty percent of his or her income in any one year within the past five years from acting solely as a player;
(10) "Profit from gambling activity", a person profits from gambling activity if, other than as a player, he or she accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity;
(11) "Slot machine", a gambling device that as a result of the insertion of a coin or other object operates, either completely automatically or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value. A device so constructed or readily adaptable or convertible to such use is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because apart from its use or adaptability as such it may also sell or deliver something of value on a basis other than chance;
(12) "Something of value", any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge;
(13) "Unlawful", not specifically authorized by law.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1984–2025 · leading case:
Thole v. Westfall, 682 S.W.2d 33 (Mo. Ct. App. 1984).
Thole v. Westfall, 682 S.W.2d 33 (Mo. Ct. App. 1984).
· cites it 21× “010(3) RSMo 1978 and Comments to § 572.010 RSMo 1978. . Even on machines with the option described in fn.”
Raster v. Ameristar Casinos, Inc., 280 S.W.3d 120 (Mo. Ct. App. 2009).
· cites it 4× “” Section 572.010(12). These statutory definitions comport with the definition of “wager,” set forth in Black’s Law Dictionary, which reads: “a contract by which two or more parties agree that a certain sum of money or other thing shall be paid or delivered to one of them or…”
State v. Reynolds, 723 S.W.2d 400 (Mo. Ct. App. 1986).
· cites it 8× “Section 572.010 has this definition: “[A] person ‘advances gambling activity’ if, acting other than as a player, he engages in conduct that materially aids any form of gambling activity.”
State v. Taylor, 714 S.W.2d 767 (Mo. Ct. App. 1986).
· cites it 5× ““Bookmaking scheme” and “policy scheme or enterprise” are defined in § 572.010 Chapter Definitions. Bookmaking “means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcome…”
Fitzgerald v. City of Maryland Heights, 796 S.W.2d 52 (Mo. Ct. App. 1990).
· cites it 2× “Section 572.010(4) states: "... a person engages in 'gambling' when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of…”
Vets. of Foreign Wars Post 6477 v. Missouri Gaming Comm'n, 260 S.W.3d 388 (Mo. Ct. App. 2008).
· cites it 5× “Section 572.010(12) defines “something of value” as “any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein or…”
State v. Rousseau, 34 S.W.3d 254 (Mo. Ct. App. 2000).
“149, submitting to the voters “Proposition A,” to authorize by state statute excursion gambling boats upon the Mississippi and Missouri Rivers, which was adopted by the voters on November 3, 1992.”
Gordon A. Gundaker Real Est. Co. v. Missouri Real Est. Comm'n, 878 S.W.2d 466 (Mo. Ct. App. 1994).
· cites it 2× “Furthermore, § 572.010(7) RSMo Cum.Supp.1993 defines a lottery as an “unlawful gambling scheme in which for a consideration the participants are given an opportunity to win something of value, the award of which is determined by chance”, (emphasis added) Consideration sufficient…”
Torch Elec., LLC v. Missouri Dep't of Pub. Saf.; Missouri Gaming Ass'n (Mo. Ct. App. 2024).
· cites it 35× “” Torch and Warrenton (collectively “Plaintiffs”) initiated this action against the Highway Patrol and the Missouri Department of Public Safety (“DPS”), seeking a declaration that the devices are not “gambling devices” as defined in section 572.010, RSMo,1 and an injunction…”
— Mo. Rev. Stat. § 572.010(12) — 3 cases
Raster v. Ameristar Casinos, Inc., 280 S.W.3d 120 (Mo. Ct. App. 2009).
“” Section 572.010(12). These statutory definitions comport with the definition of “wager,” set forth in Black’s Law Dictionary, which reads: “a contract by which two or more parties agree that a certain sum of money or other thing shall be paid or delivered to one of them or…”
Thole v. Westfall, 682 S.W.2d 33 (Mo. Ct. App. 1984).
“010(3) RSMo 1978 and Comments to § 572.010 RSMo 1978. . Even on machines with the option described in fn.”
Vets. of Foreign Wars Post 6477 v. Missouri Gaming Comm'n, 260 S.W.3d 388 (Mo. Ct. App. 2008).
“Section 572.010(12) defines “something of value” as “any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein or…”
— Mo. Rev. Stat. § 572.010(2) — 1 case
State v. Taylor, 714 S.W.2d 767 (Mo. Ct. App. 1986).
““Bookmaking scheme” and “policy scheme or enterprise” are defined in § 572.010 Chapter Definitions. Bookmaking “means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcome…”
— Mo. Rev. Stat. § 572.010(3) — 4 cases
Thole v. Westfall, 682 S.W.2d 33 (Mo. Ct. App. 1984).
“010(3) RSMo 1978 and Comments to § 572.010 RSMo 1978. . Even on machines with the option described in fn.”
Vets. of Foreign Wars Post 6477 v. Missouri Gaming Comm'n, 260 S.W.3d 388 (Mo. Ct. App. 2008).
“Section 572.010(12) defines “something of value” as “any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein or…”
— Mo. Rev. Stat. § 572.010(4) — 7 cases
Raster v. Ameristar Casinos, Inc., 280 S.W.3d 120 (Mo. Ct. App. 2009).
“” Section 572.010(12). These statutory definitions comport with the definition of “wager,” set forth in Black’s Law Dictionary, which reads: “a contract by which two or more parties agree that a certain sum of money or other thing shall be paid or delivered to one of them or…”
Fitzgerald v. City of Maryland Heights, 796 S.W.2d 52 (Mo. Ct. App. 1990).
“Section 572.010(4) states: "... a person engages in 'gambling' when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of…”
Thole v. Westfall, 682 S.W.2d 33 (Mo. Ct. App. 1984).
“010(3) RSMo 1978 and Comments to § 572.010 RSMo 1978. . Even on machines with the option described in fn.”
— Mo. Rev. Stat. § 572.010(5) — 4 cases
Thole v. Westfall, 682 S.W.2d 33 (Mo. Ct. App. 1984).
“010(3) RSMo 1978 and Comments to § 572.010 RSMo 1978. . Even on machines with the option described in fn.”
Vets. of Foreign Wars Post 6477 v. Missouri Gaming Comm'n, 260 S.W.3d 388 (Mo. Ct. App. 2008).
“Section 572.010(12) defines “something of value” as “any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein or…”
Torch Elec., LLC v. Missouri Dep't of Pub. Saf.; Missouri Gaming Ass'n (Mo. Ct. App. 2024).
“” Torch and Warrenton (collectively “Plaintiffs”) initiated this action against the Highway Patrol and the Missouri Department of Public Safety (“DPS”), seeking a declaration that the devices are not “gambling devices” as defined in section 572.010, RSMo,1 and an injunction…”
— Mo. Rev. Stat. § 572.010(7) — 2 cases
Gordon A. Gundaker Real Est. Co. v. Missouri Real Est. Comm'n, 878 S.W.2d 466 (Mo. Ct. App. 1994).
“Furthermore, § 572.010(7) RSMo Cum.Supp.1993 defines a lottery as an “unlawful gambling scheme in which for a consideration the participants are given an opportunity to win something of value, the award of which is determined by chance”, (emphasis added) Consideration sufficient…”
State v. Taylor, 714 S.W.2d 767 (Mo. Ct. App. 1986).
““Bookmaking scheme” and “policy scheme or enterprise” are defined in § 572.010 Chapter Definitions. Bookmaking “means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcome…”
— Mo. Rev. Stat. § 572.010(8) — 1 case
State v. Reynolds, 723 S.W.2d 400 (Mo. Ct. App. 1986).
“Section 572.010 has this definition: “[A] person ‘advances gambling activity’ if, acting other than as a player, he engages in conduct that materially aids any form of gambling activity.”
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