N.J. Stat. § 2C:37-2

Promoting gambling

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2C:37-2. Promoting Gambling.

a. Promoting Gambling Defined. A person is guilty of promoting gambling when the person knowingly:

(1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby the person participates or will participate in the proceeds of gambling activity, including, but not limited to, gambling activity that occurs online, unless such gambling activity is under the regulation and control of the State; or

(2) Engages in conduct, which materially aids any form of gambling activity. Such conduct includes, but is not limited to, conduct directed toward the creation or establishment of the particular game, 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 of any of its financial or recording phases; or toward any other phase of its operation.

b. Grading. A person who violates the provisions of subsection a. of this section by:

(1) Engaging in bookmaking to the extent the person receives or accepts in any one day more than five bets totaling more than $1,000.00; or

(2) Receiving, in connection with a lottery or policy scheme or enterprise (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than $100.00 in any one day of money played in such scheme or enterprise is guilty of a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $35,000.00 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.

A person who violates the provisions of subsection a. of this section by engaging in bookmaking to the extent the person receives or accepts three or more bets in any two-week period is guilty of a crime of the fourth degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $25,000.00 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2. Otherwise, promoting gambling is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $10,000.00 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.

c. It is an affirmative defense to a prosecution under subsection a. that the person participated only as a player.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1993–2022 · leading case: State of New Jersey v. Amboy National Bank Account

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State of New Jersey v. Amboy National Bank Account (2016) njsuperctappdiv · cites it 7× “6 Bovery was indicted for: third-degree promotion of gambling, N.J.S.A. 2C:37-2 and N.J.S.A. 2C:2-6; and first-degree financial facilitation of a crime, N.”

United States v. $734,578.82 in United States Currency $589,578.82 in United States Currency, American Sports, Ltd. Inte (2002) ca3 · cites it 6× “The relevant New Jersey law here is set forth at N.J.S.A. 2C:37-2. That statute makes it a crime to engage in “promoting gambling,” and provides that: [a] A person is guilty of promoting gambling when he knowingly: (1) Accepts or receives money or other property, pursuant to an…”

National Collegiate Athletic Ass'n v. Governor of New Jersey (2016) ca3 · cites it 2× “IV § VII ¶ 2; N.J. Stat. Ann. § 2C:37-2; N.J. Stat. Ann.”

Tose v. Greate Bay Hotel and Casino Inc. (1993) njd · cites it 2× “See also N.J.S.A. § 2C:37-2(c) (providing defense to criminal prosecution for gambling if person was only a “player,” i.”

National Collegiate Athletic Ass'n v. Governor of New Jersey (2015) ca3 · cites it 2× “IV § VII ¶ 2; N.J. Stat. Ann. § 2C:37-2; N.J. Stat. Ann.”

State of New Jersey v. A.L. (2015) njsuperctappdiv “2C:41-2; and third-degree promoting gambling, N.J.S.A. 2C:37-2. Id. at 153 . During its investigation of these offenses, the State "had obtained documents .”

STATE OF NEW JERSEY v. STEPHEN P. MAROLDA (06-08-1382, BERGEN COUNTY AND STATEWIDE) (2022) njsuperctappdiv · cites it 5× “Defendant was charged with third- degree promoting gambling, N.J.S.A. 2C:37-2(a), third-degree conspiracy to promote gambling, N.”

United States v. $734,578.82 (2002) ca3 · cites it 5× “That statute makes it a crime to engage in "promoting gambling," and provides that: [a] A person is guilty of promoting gambling when he knowingly: (1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby he participates…”

JOHN BOVERY VS. MONMOUTH COUNTY PROSECUTOR'S OFFICE (L-1095-18, MONMOUTH COUNTY AND STATEWIDE) (2020) njsuperctappdiv · cites it 2× “Five months after the institution of the forfeiture action, Bovery was indicted by a grand jury for third-degree promotion of gambling, N.J.S.A. 2C:37-2 and N.J.S.A. 2C:2-6; and first-degree financial facilitation of a crime, N.”

NCAA v. Governor of New Jersey (2016) ca3 “IV § VII ¶ 2; N.J. Stat. Ann. § 2C:37-2; N.J. Stat. Ann.”

OAK KNOLL VILLAGE CONDOMINIUM OWNERS ASSOCIATION, INC.VS. CHRIS ANN JAYE(DC-004807-15, MERCER COUNTY AND STATEWIDE) (2017) njsuperctappdiv “2C:37-3(a)(2); promoting gambling, N.J.S.A. 2C:37-2(a)(1); and a fourth-degree offense of maintaining a gambling resort, N.”

STATE OF NEW JERSEY v. AMBOY NATIONAL BANK (L-5279-10, MONMOUTH COUNTY AND STATEWIDE) (2019) njsuperctappdiv “In pleading guilty, Bovery requested, and the court granted, a civil reservation that prevented his criminal admission from being used as evidence in any civil proceeding, including the forfeiture action.”

— N.J. Stat. § 2C:37-2(a) — 1 case

STATE OF NEW JERSEY v. STEPHEN P. MAROLDA (06-08-1382, BERGEN COUNTY AND STATEWIDE) (2022) njsuperctappdiv “Defendant was charged with third- degree promoting gambling, N.J.S.A. 2C:37-2(a), third-degree conspiracy to promote gambling, N.”

— N.J. Stat. § 2C:37-2(a)(1) — 2 cases

State of New Jersey v. Amboy National Bank Account (2016) njsuperctappdiv “6 Bovery was indicted for: third-degree promotion of gambling, N.J.S.A. 2C:37-2 and N.J.S.A. 2C:2-6; and first-degree financial facilitation of a crime, N.”

— N.J. Stat. § 2C:37-2(a)(2) — 4 cases

United States v. $734,578.82 in United States Currency $589,578.82 in United States Currency, American Sports, Ltd. Inte (2002) ca3 “The relevant New Jersey law here is set forth at N.J.S.A. 2C:37-2. That statute makes it a crime to engage in “promoting gambling,” and provides that: [a] A person is guilty of promoting gambling when he knowingly: (1) Accepts or receives money or other property, pursuant to an…”

United States v. $734,578.82 (2002) ca3 “That statute makes it a crime to engage in "promoting gambling," and provides that: [a] A person is guilty of promoting gambling when he knowingly: (1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby he participates…”

— N.J. Stat. § 2C:37-2(b)(1) — 1 case

— N.J. Stat. § 2C:37-2(b)(2) — 1 case

— N.J. Stat. § 2C:37-2(c) — 3 cases

Tose v. Greate Bay Hotel and Casino Inc. (1993) njd “See also N.J.S.A. § 2C:37-2(c) (providing defense to criminal prosecution for gambling if person was only a “player,” i.”

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