The operator of an illegal gambling enterprise, activity or operation shall be guilty of a Class 6 felony. However, any such operator who engages in an illegal gambling operation which (i) has been or remains in substantially continuous operation for a period in excess of thirty days or (ii) has gross revenue of $2,000 or more in any single day shall be fined not more than $20,000 and imprisoned not less than one year nor more than ten years.
As used in this section, the term "gross revenue" means the total amount of illegal gambling transactions handled, dealt with, received by or placed with such operation, as distinguished from any net figure or amount from which deductions are taken, without regard to whether money or any other thing of value actually changes hands.
Code 1950, § 18.1-318.1; 1972, c. 364; 1975, cc. 14, 15; 1983, c. 331.
Notes of Decisions
Turner v. Commonwealth, 309 S.E.2d 337 (Va. 1983).
· cites it 36× “, was tried by a jury and convicted of operating "an illegal gambling enterprise, activity or operation" in violation of Code § 18.2-328. On appeal, Turner contends, among other things, that the evidence was insufficient to prove he was an "operator" as that term is defined in…”
Frank Eddie Dingus v. Commonwealth, 477 S.E.2d 303 (Va. Ct. App. 1996).
· cites it 67× “Frank Eddie Dingus (appellant) appeals his convictions for (1) four counts of operating an illegal gambling establishment having a gross revenue of $2,000 or more in a single day, in violation of Code § 18.2-328; and (2) operating an illegal gambling establishment, in violation…”
Daniels v. Mobley, 285 Va. 402 (2013).
· cites it 37× “2-325 and that Code § 18.2-328 is unconstitutionally vague.”
Snead v. Commonwealth, 358 S.E.2d 750 (Va. Ct. App. 1987).
· cites it 2× “Leonard Wesley Snead was convicted in a bench trial of unlawfully and feloniously operating a gambling enterprise in violation of Code § 18.2-328. On appeal, Snead argues that: (1) the trial court erred in admitting into evidence a taped telephone conversation from a person who…”
Papuchis v. Commonwealth, 422 S.E.2d 419 (Va. Ct. App. 1992).
· cites it 2× “In a bench trial, George Benjamin Papuchis (Papuchis) was convicted of operating an illegal gambling enterprise, in violation of Code § 18.2-328, on October 28, 1989, October 29, 1989, November 19, 1989, and November 29, 1989, respectively.”
Commonwealth v. $71,919.00 United States Currency, 65 Va. Cir. 118 (Fairfax Cir. Ct. 2004).
· cites it 4× “On June 6, 2000, Ma pleaded guilty to conducting an illegal gambling operation in violation of § 18.2-328 of the Virginia Code. 1 Pursuant to the plea agreement, Ma was granted immunity from any future prosecution or criminal sanctions in the Commonwealth arising out of his…”
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