Sec. 47.04. KEEPING A GAMBLING PLACE. (a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.
(b) It is an affirmative defense to prosecution under this section that:
(1) the gambling occurred in a private place;
(2) no person received any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
(c) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 667, ch. 251, Sec. 1, eff. Aug. 29, 1977. Acts 1989, 71st Leg., ch. 1030, Sec. 1, eff. Sept. 1, 1989. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1984–2024 · leading case:
State v. Mendel, 871 S.W.2d 906 (Tex. App. 1994).
State v. Mendel, 871 S.W.2d 906 (Tex. App. 1994).
· cites it 2× “TexPenal Code Ann. §§ 47.04, 47.06 (Vernon 1989).”
Baxter v. State, 66 S.W.3d 494 (Tex. App. 2001).
“Tex. Pen.Code Ann. § 47.04(a) (West 1994).”
Ellis v. State, 677 S.W.2d 129 (Tex. App. 1984).
· cites it 2× “Ellis appeals from a conviction for the offense of keeping a gambling place, in violation of TEX. PENAL CODE ANN. § 47.04 (Vernon Supp.”
State v. Fry, 867 S.W.2d 398 (Tex. App. 1993).
“TexPenal Code Ann. § 47.04(a) (Vernon 1989).”
State v. Taylor, 805 S.W.2d 440 (Tex. Crim. App. 1991).
· cites it 2× “Appellee was indicted for the felony offense of keeping a gambling place proscribed by Tex.Penal Code Ann. § 47.04(a). Appellee moved to dismiss the indictment because the underlying statute was unconstitutionally vague.”
Griese v. State, 820 S.W.2d 389 (Tex. App. 1991).
“Appellant was indicted on two counts of promotion of gambling, TexPenal Code Ann. § 47.03 (Vernon 1974), and one count of keeping a gambling place TexPenal Code Ann.”
State v. Hancock, 35 S.W.3d 199 (Tex. App. 2000).
“See TexPen.Code Ann. § 47.04 (Vernon 1994). At a pretrial hearing, Hancock urged that controlling statutes are unconstitutionally vague to give him notice of this prohibited conduct.”
Stephens v. State, 834 S.W.2d 94 (Tex. App. 1992).
“TexPenal Code Ann. § 47.04 (Vernon 1989).”
State v. Taylor, 787 S.W.2d 120 (Tex. App. 1990).
“The State appeals from an order dismissing the indictment filed against James Win-ford Taylor for “Keeping A Gambling Place” in violation of Tex.Penal Code Ann. § 47.04(a) (Vernon 1989).”
— Tex. Penal Code § 47.04(a) — 5 cases
Baxter v. State, 66 S.W.3d 494 (Tex. App. 2001).
“Tex. Pen.Code Ann. § 47.04(a) (West 1994).”
State v. Fry, 867 S.W.2d 398 (Tex. App. 1993).
“TexPenal Code Ann. § 47.04(a) (Vernon 1989).”
State v. Mendel, 871 S.W.2d 906 (Tex. App. 1994).
“TexPenal Code Ann. §§ 47.04, 47.06 (Vernon 1989).”
State v. Taylor, 805 S.W.2d 440 (Tex. Crim. App. 1991).
“Appellee was indicted for the felony offense of keeping a gambling place proscribed by Tex.Penal Code Ann. § 47.04(a). Appellee moved to dismiss the indictment because the underlying statute was unconstitutionally vague.”
State v. Taylor, 787 S.W.2d 120 (Tex. App. 1990).
“The State appeals from an order dismissing the indictment filed against James Win-ford Taylor for “Keeping A Gambling Place” in violation of Tex.Penal Code Ann. § 47.04(a) (Vernon 1989).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.