New Jersey Statutes
N.J. Stat. § 2A:40-1 (2026)
Gaming transactions unlawful
✓ current as of May 2026
All wagers, bets or stakes made to depend upon any race or game, or upon any gaming by lot or chance, or upon any lot, chance, casualty or unknown or contingent event, shall be unlawful.
Notes of Decisions
Cited in 14
cases, 1969–2019 · leading case: Sun Life Assurance Co. of Canada v. Wells Fargo Bank NA (080669) (Statewide), 208 A.3d 839 (N.J. 2019).
Sun Life Assurance Co. of Canada v. Wells Fargo Bank NA (080669) (Statewide), 208 A.3d 839 (N.J. 2019). “See N.J.S.A. 2A:40-1 (declaring gaming transactions unlawful); N.”
Nat'l Collegiate Athletic Ass'n v. Governor of New Jersey, 832 F.3d 389 (3rd Cir. 2016). “§ 2C:37-2; N.J. Stat. Ann. § 2A:40-1. In 2010, however, the New Jersey Legislature held public hearings on the advisability of allowing sports gambling.”
Marina Dist. Dev. Co. v. Ivey, 223 F. Supp. 3d 216 (D.N.J. 2016). “However, if the game is not authorized by the Act, a party must find some other exception to N.J.S.A. 2A:40-1 4 or else the contract including such winnings will be void and unenforceable.”
Tose v. Greate Bay Hotel & Casino Inc., 819 F. Supp. 1312 (D.N.J. 1993). “Gambling may only be authorized if it is of a type permitted in the constitution, or if it is submitted to and authorized by a majority of the people voting at a general election. Id. The current statutes of New Jersey also provide that “[a]ll wagers, bets or stakes made to…”
Miller v. Zoby, 595 A.2d 1104 (N.J. Super. Ct. App. Div. 1991). “[4] Action by loser to recover money or property lost at gaming, with cost; limitation If any person shall lose any money, goods, chattel or other valuable thing, in violation of section 2A:40-1 of this title, and shall pay or deliver the same or any part thereof to the winner,…”
Marina Dist. Dev. Co. v. Ivey, 93 F. Supp. 3d 327 (D.N.J. 2015). “1991) (citing N.J.S.A. 2A:40-1 (“All wagers, bets or stakes made to depend upon any race or game, or upon any gaming by lot or chance, or upon any lot, chance, casualty or unknown or contingent event, shall be unlawful.”
Gottlob v. Lopez, 501 A.2d 176 (N.J. Super. Ct. App. Div. 1985). “2A:40-3 provides: All promises, agreements, notes, bills, bonds, contracts, judgments, mortgages, leases or other securities or conveyances which shall be made, given, entered into or executed by any person, the whole or part of the consideration of which is for any money,…”
Nat'l Collegiate Athletic Ass'n v. Governor of New Jersey, 799 F.3d 259 (3rd Cir. 2015). “§ 2C:37-2; N.J. Stat. Ann. § 2A:40-1. In 2010, however, the New Jersey Legislature held public hearings on the advisability of allowing sports gambling.”
Nat'l Collegiate Athletic Ass'n v. Christie, 61 F. Supp. 3d 488 (D.N.J. 2014). “§§ 2C:37-1 to-9, civil penalties for gambling, N.J. Stat. Ann. §§ 2A:40-1 to-9, the regulation of equine breeding and racing, N.”
Nemtin v. Zarin, 577 F. Supp. 1135 (D.N.J. 1983). “, made by defendant if part of the consideration is money knowingly lent or advanced to help or facilitate gambling declared unlawful by N.J.S.A. 2A:40-1. No doubt, N.J.S.A. 2A:40-1 must be read together with N.”
Glick v. MTV Networks, 796 F. Supp. 743 (S.D.N.Y. 1992). “Glick argues that the Sweepstakes: (a) was an unlawful gambling scheme under the New Jersey constitution and N.J.S.A. § 2A:40-1 7 , and, alternatively, (b) was a lottery in violation of New Jersey law.”
Pineiro v. Nieves, 259 A.2d 920 (N.J. Super. Ct. App. Div. 1969). “aming transactions, obligations and securities void All promises, agreements, notes, bills, bonds, contracts, judgments, mortgages, leases or other securities or conveyances which shall be made, given, entered into or executed by any person, the whole or part of the…”
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