纽约州赌博的法律是相当严格的。依据在国家的宪法中列举的基本原则,当且仅当它是由国家主办的时候才被认为赌博是合法的。任何此类活动的收益都归于政府的开支。宪法认为,教育经费是政府开支的主要形式,将通过奖券或任何其他形式的博彩来资助。
定义
纽约州的法律认为“赌”是基于合同,其中机会是决定谁胜谁败的主要因素。一些协议规定,如果一个赌徒他赢得比赛,将拥有有价值的东西,或失去一些有价值的东西,如果他不被定义为“合同”定义的一部分。该法还规定,赌博不存在利害关系时,是没有价值的对象的。价值的对象必须是赢了还是失去了一个机会才被视为游戏的赌博。
司法救济
这些法律允许输掉钱的人起诉在私人游戏(非法)中得到他们的钱的人。这是很清楚的(虽然它仍然是有争议的的)当一个人与另外一个人玩游戏有利可图的时候他是不会起诉的。那些在这些比赛中获利的可能被起诉。一般情况下,法律规定,玩家在游戏中,可以起诉讨回他们的损失,而这样的赔偿金是损失金额的两倍。
犯罪分类
小规模,私人开设的,比赛是非法赌博的活动,被视为轻罪。大型私人举办的或推动游戏的进展的,在新纽约,每天都有每次投注超过5,000元或更多(如赌博公司做)的游戏,是考虑在“非法赌博第一度“的范围内。这样的游戏被视为重罪。很显然,国家设置法律的对象只要是从赌博中获利润的,而不只是那些在玩游戏的。
译文
New York state gambling laws are quite restrictive. The basic principle, enumerated in the state's Constitution, is that gambling is lawful if and only if it is sponsored by the state. The proceeds of any such activity are to go to the costs of government. The constitution holds that educational funding is the primary form of government expenditure that will be financed through lotteries or any other form of gaming.
Definitions
New York state laws hold that "gambling" is any activity based on a contract, where the element of chance is the primary factor in deciding who wins and who loses. The "contract" part of the definition is defined as some kind of agreement stipulating that a gambler will be paid something of value if he wins the game or loses something of value if he does not. The law also states that gambling does not exist when the stakes are objects of no value. Objects of value must be won or lost for a game of chance to be considered "gambling."
Judicial Remedies
These laws allow people who have lost money to private (illegal) games to sue so they can get their money back. It is very clear (though it remains controversial) that a person who plays such games sponsored by another person is not prosecutable. Those who sponsor these games are prosecuted. In general, the law provides that mere players in games of chance may sue to retrieve their losses up to double the amount lost.
Crime Categories
Small-scale, privately sponsored or promoted games of chance are considered illegal gambling in the "second degree" and are prosecuted as misdemeanors. Large-scale, privately sponsored or promoted games of chance, defined in the New York statues as games that generate more than $5,000 daily or involve the taking of more than five bets per day (as bookies do), are considered illegal gambling in the "first degree." Such games are treated as felonies. It is clear that the laws of the state are aimed at those who promote or profit from gambling, not those merely playing the game
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