Massachusetts allows casino gaming and sports betting only through licensed operators. Outside that system, taking bets, running a betting operation, using a phone or the internet to book wagers, and running an unlicensed lottery are crimes under G.L. c. 271. Inside a licensed casino, the Expanded Gaming Act, G.L. c. 23K, adds its own crimes, including cheating and underage play. Penalties range from a small fine to 15 years in state prison, depending on the charge.
At a Glance: Gambling Crimes
Up to 3 years
state prison for registering bets (c. 271, § 17)
Up to 1 year
for phone or internet betting (c. 271, § 17A)
Up to 15 years
for organizing a gambling operation of 4+ people (§ 16A)
Casino crimes
cheating, devices, and under-21 play (c. 23K)
The law: G.L. c. 271, §§ 2, 5, 7, 16A, 17, 17A; G.L. c. 23K, §§ 37–43
Legal Gambling and Illegal Gambling
Several of the older gambling statutes in c. 271 now say they apply “except as permitted under chapters 23K and 23N.” Chapter 23K governs licensed casinos, and chapter 23N governs licensed sports wagering. Betting through those licensed channels is not a crime under these sections. Booking bets or running games outside them can be.
Registering Bets and Dealing in Pools (c. 271, § 17)
Section 17 covers anyone who keeps a building or room, or occupies or is found in any place, “with apparatus, books or any device, for registering bets, or buying or selling pools,” on the result of a contest of skill, speed, or endurance, or “a game, competition, political nomination, appointment or election.” It also covers:
- anyone “present in such place … engaged in such business or employment”;
- anyone who registers such bets or buys or sells such pools;
- an owner, lessee, or occupant who “knowingly permits” a property to be used for that purpose; and
- anyone who holds bet money or property “for hire, reward, commission or compensation.”
Penalty: a fine of up to $3,000, or up to 3 years in state prison, or up to 2½ years in jail or the house of correction. Because state prison is possible, it is a felony. The section does not apply to organizing gaming under c. 23K or sports wagering under c. 23N.
Phone and Internet Betting (c. 271, § 17A)
Except as permitted under chapter 23N, § 17A covers anyone who “uses a telephone, internet or other communications technology” to accept wagers or bets, buy or sell pools, or place all or part of a wager with another on a contest, an athletic game, or “the lottery called the numbers game,” or to report those bets to a “headquarters or booking office.” It also covers an occupant or subscriber who “knowingly permits” another to use the line for those purposes, and anyone who falsely procures the service for them.
Penalty: a fine of up to $2,000 or up to 1 year in jail. It is a misdemeanor.
Organizing a Gambling Operation (c. 271, § 16A)
Section 16A applies to anyone who “knowingly organizes, supervises, manages or finances at least four persons” to run illegal lotteries, illegal registration of bets, or illegal pools, or who knowingly receives payment from at least four such persons. The statute excludes bettors who simply place bets.
Penalty: up to 15 years in state prison, a fine of up to $10,000, or both.
Other c. 271 Gambling Offenses
- Lotteries (§ 7): setting up or promoting a lottery for money or property outside a licensed gaming establishment: a fine of up to $3,000, or up to 3 years in state prison, or up to 2½ years in jail.
- Gaming in public (§ 2): playing cards, dice, or another game for money in a public place or public conveyance, or while trespassing: forfeit up to $50 or up to 3 months. Setting up or permitting the game: a fine of $50 to $100 or 3 to 12 months.
- Gaming houses (§ 5): keeping or assisting in keeping a common gaming house, or keeping gaming tables or apparatus for an unlawful game: a fine of up to $50 or up to 3 months.
Casino Crimes Under the Expanded Gaming Act (c. 23K)
- Cheating and swindling (§ 39): knowingly winning or trying to win, or reducing a losing wager, by trick, sleight of hand, fraud, or a cheating device during a game in a gaming establishment. Penalties rise with the amount: up to 2½ years and a $10,000 fine under $1,000; up to 3 years in state prison and $100,000 at $1,000 to under $10,000; up to 5 years and $500,000 at $10,000 to under $75,000; and up to 10 years and $1,000,000 at $75,000 or more.
- Possessing a cheating device (§ 40): with intent to defraud, cheat, or steal: up to 2½ years in the house of correction or a fine of up to $10,000, or both. Possession inside a gaming establishment is prima facie evidence of that intent, except for licensees and employees acting lawfully.
- Unlawful gaming operation (§ 37(a)): conducting or operating a game or gaming device in violation of c. 23K: up to 5 years in state prison or 2½ years in the house of correction, a fine of up to $25,000, or both.
- Interfering with gaming regulators (§ 38): willfully impeding, or making false statements to, the gaming bureau, commission, or division: up to 5 years in state prison or 2½ years, a fine of up to $25,000, or both.
- Under 21 (§ 43): a person under 21 who plays, wagers, or collects winnings at a casino game faces a fine of up to $1,000. A licensee or employee who knowingly allows it faces up to 1 year and a $10,000 fine for a first offense.
For charges arising at Encore Boston Harbor, see my Encore Casino Crimes practice page.
Defenses
- Licensed activity. Several statutes exclude gaming and sports wagering conducted under c. 23K and c. 23N.
- Knowledge and intent. Many of these crimes require that you acted “knowingly,” or with intent to defraud. A mistake about casino rules is not cheating.
- Mere presence. Under § 17, being in a place is not enough unless you were “engaged in such business or employment.”
- Bettors are not organizers. Section 16A excludes bettors who only place bets.
- Value. For cheating, the penalty depends on the amount, which the Commonwealth must prove.
- Unlawful search. Evidence seized in an unlawful search may be suppressed. See challenging a search.
Why a Lawyer Matters
Gambling charges range from a minor fine to a 15-year felony, and the line often turns on one word in the statute: knowingly, engaged, organizes, or the value involved. Casino cases are prosecuted by the Attorney General’s office and have their own procedures. In 23 years of defending clients in Massachusetts courts, including many casino-related cases, I know where these charges are weakest. If you have been charged, contact my office or call 781-393-5900.
Related Charges
Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
