(A) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall:
(1) Use or occupy such premises for gambling in violation of section 2915.02 of the Revised Code;
(2) Recklessly permit such premises to be used or occupied for gambling in violation of section 2915.02 of the Revised Code.
(B) Whoever violates this section is guilty of operating a gambling house, a misdemeanor of the first degree. If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony of the fifth degree.
(C) Premises used or occupied in violation of this section constitute a nuisance subject to abatement pursuant to sections 3767.01 to 3767.99 of the Revised Code.
Notes of Decisions
Cited in 28
cases, 1980–2014 · leading case: State v. Horner, 2010 Ohio 3830 (Ohio 2010).
State v. Horner, 2010 Ohio 3830 (Ohio 2010). · cites it 8דIn addition, in R.C. 2915.03 (gambling house), 8 January Term, 2010 which involved two separate divisions of the statute rather than a single subsection with two discrete clauses, we concluded that the inclusion of a culpable mental state in one division and the omission of a…”
State v. Johnson, 2010 Ohio 6301 (Ohio 2010). · cites it 4ד4 R.C. 2915.03, for example, defines the offense of operating a gambling house: {¶ 27} “(A) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall: {¶ 28} “(1) Use or occupy such premises for gambling in violation of section 2915.”
State v. Lester, 2009 Ohio 4225 (Ohio 2009). · cites it 4דAnd in addressing the gambling statute, we stated, “The General Assembly included recklessness as an element of permitting gambling on one’s premises in subsection (2) [of R.”
State v. Thomas, 400 N.E.2d 401 (Ohio 1980). · cites it 2דThe elements of the offense of operating a gambling house, as set forth in R.C. 2915.03 (A) (1) are: (1) owning, leasing, or having custody, control or supervision of premises; and (2) using or occupying such premises for gambling in violation of R.”
State v. Collins, 733 N.E.2d 1118 (Ohio 2000). · cites it 2ד2d 428 (strict liability imposed for gambling under R.C. 2915.03[A][1] but not R.C. 2915.03[A][2] because of language differentiation).”
State v. Feliciano, 685 N.E.2d 1307 (Ohio Ct. App. 1996). · cites it 2ד02(A), and operating a gambling house, a violation of R.C. 2915.03(A). These offenses are misdemeanors unless the defendant was previously convicted of a gambling offense.”
State v. Stover, 456 N.E.2d 833 (Ohio Ct. App. 1982). · cites it 4דSanders was charged by complaint with operating a gambling house in violation of R.C. 2915.03 and Stover with complicity in operating a gambling house, R.”
State v. Collins, 2000 Ohio 231 (Ohio 2000). · cites it 2ד2d 428 (strict liability imposed for gambling under R.C. 2915.03[A][1] but not R.C. 2915.03[A][2] because of language differentiation).”
State v. Volpe, 527 N.E.2d 818 (Ohio 1988). “02 (gambling), R.C. 2915.03 (operation of a gambling house), and R.”
State v. Parrish, 465 N.E.2d 873 (Ohio 1984). · cites it 2ד” R.C. 2915.03(A) reads, in pertinent part: “No person, being the owner or lessee, or having custody, control, or supervision of premises, shall: “(1) Use or occupy such premises for gambling * * *; “(2) Recklessly permit such premises to be used or occupied for gambling * * We…”
State v. Standen, 878 N.E.2d 657 (Ohio Ct. App. 2007). “07(A), a felony of the fourth degree; one count of operating a gambling house, in violation of R.C. 2915.03(A)(1), a misdemeanor of the first degree; and one count of gambling, in violation of R.”
City of Columbus v. I.O.R.M., Sioux Tribe-Redman Club, 623 N.E.2d 679 (Ohio Ct. App. 1993). · cites it 2ד02 prohibits a person from engaging in gambling activities; R.C. 2915.03 prohibits a person who is an owner or lessee, or who has custody, control or supervision of premises, from using or permitting the premises to be used for gambling purposes.”
State v. Feliciano, 685 N.E.2d 1307 (Ohio Ct. App. 1996). “02(A), and operating a gambling house, a violation of R.C. 2915.03(A). These offenses are misdemeanors unless the defendant was previously convicted of a gambling offense.”
State v. Parrish, 465 N.E.2d 873 (Ohio 1984). “” R.C. 2915.03(A) reads, in pertinent part: “No person, being the owner or lessee, or having custody, control, or supervision of premises, shall: “(1) Use or occupy such premises for gambling * * *; “(2) Recklessly permit such premises to be used or occupied for gambling * * We…”
State v. Horner, 2010 Ohio 3830 (Ohio 2010). “In addition, in R.C. 2915.03 (gambling house), 8 January Term, 2010 which involved two separate divisions of the statute rather than a single subsection with two discrete clauses, we concluded that the inclusion of a culpable mental state in one division and the omission of a…”
State v. Johnson, 2010 Ohio 6301 (Ohio 2010). “4 R.C. 2915.03, for example, defines the offense of operating a gambling house: {¶ 27} “(A) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall: {¶ 28} “(1) Use or occupy such premises for gambling in violation of section 2915.”
State v. Lester, 2009 Ohio 4225 (Ohio 2009). “And in addressing the gambling statute, we stated, “The General Assembly included recklessness as an element of permitting gambling on one’s premises in subsection (2) [of R.”
State v. Feliciano, 685 N.E.2d 1307 (Ohio Ct. App. 1996). “02(A), and operating a gambling house, a violation of R.C. 2915.03(A). These offenses are misdemeanors unless the defendant was previously convicted of a gambling offense.”
State v. Standen, 878 N.E.2d 657 (Ohio Ct. App. 2007). “07(A), a felony of the fourth degree; one count of operating a gambling house, in violation of R.C. 2915.03(A)(1), a misdemeanor of the first degree; and one count of gambling, in violation of R.”
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