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Oregon Revised Statutes

Or. Rev. Stat. § 167.122 (2026)

Unlawful gambling in the second degree

✓ current as of May 2026
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      167.122 Unlawful gambling in the second degree. (1) A person commits the crime of unlawful gambling in the second degree if the person knowingly:

      (a) Places a bet with a bookmaker; or

      (b) Participates or engages in unlawful gambling as a player.

      (2) Unlawful gambling in the second degree is a Class A misdemeanor. [1971 c.743 §264; 1997 c.867 §21]

 

      167.125 [Amended by 1969 c.404 §2; repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1974–2021 · leading case: State v. Langan, 652 P.2d 800 (Or. 1982).
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State v. Langan, 652 P.2d 800 (Or. 1982). · cites it 8× “The other offense of which defendant was convicted is defined as follows in ORS 167.122: "(1) A person commits the crime of promoting gambling in the second degree if he knowingly promotes or profits from unlawful gambling.”
State v. Johnston, 643 P.2d 666 (Or. Ct. App. 1982). · cites it 10× “Defendant was convicted, on stipulated facts, of promoting gambling in the second degree, ORS 167.122, a Class A misdemeanor, for promoting bingo games conducted by Oregon Chapter No.”
MT & M Gaming, Inc. v. City of Portland, 383 P.3d 800 (Or. 2016). “117(24), ORS 167.122, ORS 167.127. One kind of gambling that is specifically authorized by law involves so-called “social games.”
State v. Cooper, 715 P.2d 504 (Or. Ct. App. 1986). · cites it 2× “ORS 167.122. The trial court sustained her demurrer to the complaint, and the state appeals.”
State v. Wright, 999 P.2d 1220 (Or. Ct. App. 2000). “There, the defendant demurred to a complaint that alleged the misdemeanor of promoting gambling in the second degree, ORS 167.122. Cooper, 78 Or App at 239 . The complaint alleged the crime in statutory language, but the defendant contended that it was insufficient in that it…”
Riddle v. Eugene Lodge No. 357 of the Benevolent & Prot. Order of Elks of the United States, 768 P.2d 917 (Or. Ct. App. 1989). “275, ORS 167.122 and ORS 167.147, and these acts and omissions were a part of a pattern of racketeering activity as defined in ORS 166.”
State v. Wright, 537 P.2d 130 (Or. Ct. App. 1975). · cites it 7× “Defendant-bartender paid cash for "free games" won on an electric amusement device and was convicted of promoting gambling in the second degree, ORS 167.122. [1] Defendant contends that the trial court erred in: (1) denying his motion for a directed verdict of acquittal; (2)…”
State v. Oregon City Elks Lodge No. 1189, 520 P.2d 900 (Or. Ct. App. 1974). “147, and promoting gambling in the second degree, ORS 167.122, and was fined a total of $750.”
State v. Duffy, 171 P.3d 988 (Or. Ct. App. 2007). “The defendant in Cooper was charged with promoting gambling under ORS 167.122. Id. at 239 , 715 P.2d 504 . The complaint alleged the crime in the language of the statute but did not set out the factual details that gave rise to the charge.”
State v. Duffy, 171 P.3d 988 (Or. Ct. App. 2007). “The defendant in Cooper was charged with promoting gambling under ORS 167.122. Id. at 239 . The complaint alleged the crime in the language of the statute but did not set out the factual details that gave rise to the charge.”
State v. Hiller, 537 P.2d 571 (Or. Ct. App. 1975). · cites it 2× “Defendant appeals from his conviction of promoting gambling in the second degree (ORS 167.122). He assigns as error the trial court’s denial of his motion for acquittal.”
State v. Langan, 634 P.2d 794 (Or. Ct. App. 1981). · cites it 2× “Defendant appeals his convictions of promoting gambling and possession of gambling devices, ORS 167.122 and 167.147, each of which is a Class A misdemeanor.”
Show all 17 citing cases →
— Or. Rev. Stat. § 167.122(1) — 3 cases
State v. Hiller, 537 P.2d 571 (Or. Ct. App. 1975). “Defendant appeals from his conviction of promoting gambling in the second degree (ORS 167.122). He assigns as error the trial court’s denial of his motion for acquittal.”
State v. Hansen, 816 P.2d 706 (Or. Ct. App. 1991).
State v. Myers, 847 P.2d 884 (Or. Ct. App. 1993).
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