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MISSOURI STATUTES AND CODES

313.830. Prohibited acts, penalties--commission to refer violations to attorney general and prosecuting attorney--venue for actions.

Prohibited acts, penalties--commission to refer violations to attorneygeneral and prosecuting attorney--venue for actions.

313.830. 1. A person is guilty of a class D felony for any of thefollowing:

(1) Operating a gambling excursion where wagering is used or to beused without a license issued by the commission;

(2) Operating a gambling excursion where wagering is permitted otherthan in the manner specified by section 313.817; or

(3) Acting, or employing a person to act, as a shill or decoy toencourage participation in a gambling game.

2. A person is guilty of a class B misdemeanor for the first offenseand a class A misdemeanor for the second and subsequent offenses for any ofthe following:

(1) Permitting a person under the age of twenty-one to make a wagerwhile on an excursion gambling boat;

(2) Making or attempting to make a wager while on an excursiongambling boat when such person is under the age of twenty-one years; or

(3) Aiding a person who is under the age of twenty-one in entering anexcursion gambling boat or in making or attempting to make a wager while onan excursion gambling boat.

3. A person wagering or accepting a wager at any location outside theexcursion gambling boat is in violation of section 572.040, RSMo.

4. A person commits a class D felony and, in addition, shall bebarred for life from excursion gambling boats under the jurisdiction of thecommission, if the person:

(1) Offers, promises, or gives anything of value or benefit to aperson who is connected with an excursion gambling boat operator including,but not limited to, an officer or employee of a licensee or holder of anoccupational license pursuant to an agreement or arrangement or with theintent that the promise or thing of value or benefit will influence theactions of the person to whom the offer, promise, or gift was made in orderto affect or attempt to affect the outcome of a gambling game, or toinfluence official action of a member of the commission;

(2) Solicits or knowingly accepts or receives a promise of anythingof value or benefit while the person is connected with an excursiongambling boat including, but not limited to, an officer or employee of alicensee, or holder of an occupational license, pursuant to anunderstanding or arrangement or with the intent that the promise or thingof value or benefit will influence the actions of the person to affect orattempt to affect the outcome of a gambling game, or to influence officialaction of a member of the commission;

(3) Uses a device to assist in any of the following:

(a) In projecting the outcome of the game;

(b) In keeping track of the cards played;

(c) In analyzing the probability of the occurrence of an eventrelating to the gambling game; or

(d) In analyzing the strategy for playing or betting to be used inthe game, except as permitted by the commission;

(4) Cheats at a gambling game;

(5) Manufactures, sells, or distributes any cards, chips, dice, gameor device which is intended to be used to violate any provision of sections313.800 to 313.850;

(6) Instructs a person in cheating or in the use of a device for thatpurpose with the knowledge or intent that the information or use conveyedmay be employed to violate any provision of sections 313.800 to 313.850;

(7) Alters or misrepresents the outcome of a gambling game on whichwagers have been made after the outcome is made sure but before it isrevealed to the players;

(8) Places a bet after acquiring knowledge, not available to allplayers, of the outcome of the gambling game which is the subject of thebet or to aid a person in acquiring the knowledge for the purpose ofplacing a bet contingent on that outcome;

(9) Claims, collects, or takes, or attempts to claim, collect, ortake, money or anything of value in or from the gambling games, with intentto defraud, without having made a wager contingent on winning a gamblinggame, or claims, collects, or takes an amount of money or thing of value ofgreater value than the amount won;

(10) Knowingly entices or induces a person to go to any place where agambling game is being conducted or operated in violation of the provisionsof sections 313.800 to 313.850 with the intent that the other person playsor participates in that gambling game;

(11) Uses counterfeit chips or tokens in a gambling game;

(12) Knowingly uses, other than chips, tokens, coin, of other methodsof credit approved by the commission, legal tender of the United States ofAmerica, or to use coin not of the denomination as the coin intended to beused in the gambling games;

(13) Has in the person's possession any device intended to be used toviolate a provision of sections 313.800 to 313.850;

(14) Has in the person's possession, except a gambling licensee oremployee of a gambling licensee acting in furtherance of the employee'semployment, any key or device designed for the purpose of opening,entering, or affecting the operation of a gambling game, drop box, or anelectronic or mechanical device connected with the gambling game or forremoving coins, tokens, chips or other contents of the gambling game; or

(15) Knowingly makes a false statement of any material fact to thecommission, its agents or employees.

5. The possession of one or more of the devices described insubdivision (3), (5), (13) or (14) of subsection 4 of this section permitsa rebuttable inference that the possessor intended to use the devices forcheating.

6. Except for wagers on gambling games or exchanges for money asprovided in section 313.817, a licensee who exchanges tokens, chips, orother forms of credit to be used on gambling games for anything of valuecommits a class B misdemeanor.

7. If the commission determines that reasonable grounds to believethat a violation of sections 313.800 to 313.850 has occurred or isoccurring which is a criminal offense, the commission shall refer suchmatter to both the state attorney general and the prosecuting attorney orcircuit attorney having jurisdiction. The state attorney general and theprosecuting attorney or circuit attorney with such jurisdiction shall haveconcurrent jurisdiction to commence actions for violations of sections313.800 to 313.850 where such violations have occurred.

8. Venue for all crimes committed on an excursion gambling boat shallbe the jurisdiction of the home dock city or county or such county where ahome dock city is located.

(L. 1991 H.B. 149 § 14 Adopted by Referendum, Proposition A, November 3, 1992, A.L. 1993 S.B. 10 & 11 § 14, A.L. 2000 S.B. 902)

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