New Jersey relaxes online gambling laws in test case for America. Size of online gambling globally in 2012. New Jersey casinos have seen revenues fall from $5.2 billion in 2006 to just over $3. New Jersey legalized online gambling in February 2013 with a law allowing each of the state’s casinos to partner with software providers to offer casino games and poker to players located within state lines.

The Garden State is one of a few states in the country with laws to regulate online gambling of all kinds. State laws allow New Jersey casinos in Atlantic City to offer state-based, licensed, and regulated online casinos, poker sites, and sportsbooks. This adds a whole new level of New Jersey online gambling opportunities.

• New Jersey said the Constitution allows Congress to pass laws barring wagering on sports, but Congress can't require states to keep sports gambling prohibitions in place. All four major U.S.
• New Jersey gambling law permits online gambling across three gambling verticals. This means there are dozens of legal NJ gambling sites available for sports betting, casino, and poker. Even better, you have the freedom to wager and win anywhere within state lines! Legal online gambling options: Sports Betting, Casino, Poker.

New Jersey Online Gambling Law United States

Prior to NJ’s gambling legislation, players who were interested in NJ online casinos, poker rooms, sports betting, or bingo games were compelled to turn to legally licensed and regulated online gambling sites based outside of the USA. Recently, lawmakers have pushed away legitimate offshore sites to increase revenue for their state-regulated services. While offshore gambling sites can be accessed outside of New Jersey, most legitimate sites have pulled out for the time being.

Other New Jersey Gambling Pages

Who Is Targeted In New Jersey Gambling Laws?

The primary focus of New Jersey gambling laws is on the operator. A person who merely takes part in an illegal gambling game will typically not face a specific charge. However, there is only a thin line between a player and an operator. For example, a player who informs his or her friend about an illegal game could be charged with promoting gambling. This is a far more serious charge. The definition of promoting gambling is broad and includes:

• participating in the proceeds of a gambling activity
• any conduct that materially aids gambling activity.

The definition of conduct that materially aids gambling activity includes:

• the establishment or creation of a contest, device, game or scheme
• acquiring or maintaining the premises used for gambling activity
• possession of paraphernalia, equipment or apparatus used for gambling
• soliciting or inducing others to participate in gambling
• conducting the actual playing
• arranging finances and keeping records
• contributing to any other phase of the gambling operation

Any other activity associated with gambling can also be considered as conduct that materially aids gambling activity. These laws were enacted to protect the community from illegal operations and to provide punishment for anyone who assists in an illegal gambling scheme. In order to remain 100% safe, it is recommended that you stick with domestically licensed and regulated NJ gambling products and services.

The Legalization of Online Gambling In New Jersey

The restrictions within New Jersey gambling laws do not apply to NJ online poker and other casino games that can be played on the sites operated by the casinos located in Atlantic City, nor do they apply to legal online gambling which is based and regulated outside of NJ and/or the US.

Way back in January 2011, a bill sponsored by Senator Raymond Lesniak was passed by the NJ State Legislature. This bill would have allowed New Jersey residents over the age of 21 to engage in online gambling. This bill was vetoed by Governor Chris Christie, however, as he was concerned that allowing players to place bets using any computer terminal would turn commercial businesses, cafes, and nightclubs into gambling hubs.

To address the Governor’s concern, a new bill was drafted. Senate Bill-3536 was enacted to allow casinos located in Atlantic City to advertise or allow their facilities to be used for online gambling but prohibited other businesses from providing online gambling options without a proper facility or license. The bill was approved by the State Legislature and Christie signed the bill into law on February 26, 2013.

SB-3536 legalizes online gambling for 10 years (through 2023) but also imposes a 15% tax on revenues from online gambling sources. An online gambling site must be run from a casino located in Atlantic City, and players must be at least 21 years old and located within the State of New Jersey.

In 2018, New Jersey passed domestic sports betting laws (A-4111) for their Atlantic City casinos and statewide racetracks, and in June of that year, the first legal sports bet was placed in the Garden State. One month later, online sports betting was authorized and is now available to NJ residents located inside state lines. All AC casinos and two of the state’s three racetracks (Monmouth Park and The Meadowlands) now have on-site and online sports betting.

The legalization of online gambling in NJ gives residents and visitors a whole new set of state-based regulated gambling options. Domestic wagering options will benefit the state’s budgetary needs and benefit residents of New Jersey.

New Jersey online sports betting is still in its infancy, and many seasoned players still prefer to use offshore sites for their proven reputation and generous bonus offers. However, you cannot reliably or safely use these sites within NJ borders at this time.

Are There Any Federal Gambling Laws Which Impact NJ Players?

There is no federal US gambling law that specifically prohibits online gambling or poker play. Likewise, there is no federal law that regulates online poker for any US-based gaming options. The Department of Justice has specifically stated in 2011 that the Federal Wire Act applies only to sports betting. The DOJ’s formal opinion allows each individual state to determine how they want to handle online casino and poker gambling for their respective territory.

Since the repeal of PASPA, the Federal Wire Act has prevented online sportsbook operators from accepting bets from across state lines or from other countries. The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) does not apply to players but rather imparts strict regulatory oversight to how online gambling-related transactions are processed, which lies on the shoulders of gambling operators and domestic financial institutions, not on individual players.

New Jersey Gambling Laws

For those who would like to review the actual gambling laws and statutes for the state of New Jersey, we suggest visiting the New Jersey State Legislature which contains all of the laws in their original language. If, however, you are seeking a professional legal interpretation of any law or statute, or you are seeking legal advice, we recommend you contact a lawyer. This site is for information purposes only and is not intended to provide legal advice of any kind.

New Jersey is very strict about gambling laws as they relate to online and offline gambling. The state recently enacted a law that legalizes online gambling at state-operated online gambling sites. These websites began operating at the end of November of 2013.

New Jersey regulates its gambling industry very closely and does not tolerate unlicensed online or offline gambling operations. New Jersey residents will find commercial casinos, racetracks, and some charity gambling in their state for offline gambling entertainment. Social gaming is also legal in New Jersey as long as no one is making a profit from it, so the weekly poker games at your house are legal. New Jersey residents have access to everything accept land-based sportsbetting and now have even more options since online state gambling sites have opened.

NJ Gambling Laws

Section 2C:37-1

Definitions –

The following definitions apply to this chapter and to chapter 64:

a. “Contest of chance” means any contest, game, pool, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants or some other persons may also be a factor therein.

b. “Gambling” means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the actor’s control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.

c. “Player” means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein does not thereby render material assistance to the establishment, conduct or operation of such game if he performs, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor or supplying cards or other equipment used therein. A person who engages in “bookmaking” as defined in this section is not a “player.”

d. “Something of value” means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge. This definition, however, does not include any form of promise involving extension of a privilege of playing at a game without charge on a mechanical or electronic amusement device, other than a slot machine as an award for the attainment of a certain score on that device.

e. “Gambling device” means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gamblingbetween persons or gambling by a person involving the playing of a machine. Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.

f. “Slot machine” means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash or tokens to be exchanged for cash, whether the payoff is made automatically from the machine or in any other manner whatsoever. A device so constructed, or readily adaptable or convertible to such use, is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability.

g. “Bookmaking” means advancing gambling activity by unlawfully accepting bets from members of the public upon the outcome of future contingent events as a business.

h. “Lottery” means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and (c) the holders of the winning chances are to receive something of value.

i. “Policy” or “the numbers game” means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.

j. “Gambling resort” means a place to which persons may resort for engaging in gambling activity.

k. “Unlawful” means not specifically authorized by law.

L.1978, c. 95, s. 2C:37-1, eff. Sept. 1, 1979. Amended by L.1979, c. 176, s. 4, eff. Sept. 1, 1979; L.1982, c. 60, s. 1, eff. July 8, 1982. Section 2C:37-2

Promoting Gambling –

a. Promoting Gambling Defined. A person is guilty of promoting gambling when he knowingly:

(1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby he participates or will participate in the proceeds of gambling activity; or

(2) Engages in conduct, which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation.

b. Grading. A person who violates the provisions of subsection a. by:

(1) Engaging in bookmaking to the extent he receives or accepts in any one day more than five bets totaling more than $1,000.00; or

(2) Receiving, in connection with a lottery or policy scheme or enterprise (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than $100.00 in any one day of money played in such scheme or enterprise, is guilty of a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $35,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2 b.

A person who violates the provisions of subsection a. by engaging in bookmaking to the extent he receives or accepts three or more bets in any two-week period is guilty of a crime of the fourth degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $25,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. Otherwise, promoting gambling is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $10,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.

New Jersey Online Gambling Sites

c. It is a defense to a prosecution under subsection a. that the person participated only as a player. It shall be the burden of the defendant to prove by clear and convincing evidence his status as such player.

L.1978, c.95; amended 1979, c.178, s.69; 1997, c.181, s.9.

Section 2C:37-3

Possession of Gambling Records –

a. A person is guilty of possession of gambling records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article:

(1) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, including any paper or paper product in sheet form chemically converted to nitrocellulose having explosive characteristics as well as any water soluble paper or paper derivative in sheet form; or

(2) Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise.

b. Defenses.

(1) It is a defense to a prosecution under subsection a. (2) which must be proven by the defendant by clear and convincing evidence that the writing, paper, instrument or article possessed by the defendant constituted, reflected or represented plays, bets or chances of the defendant himself in a number not exceeding 10.

(2) It is a defense to a prosecution under subsection a. which must be proven by the defendant by clear and convincing evidence that the writing, paper, instrument or article possessed by the defendant was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or policy scheme or enterprise.

c. Grading. Possession of gambling records is a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $35,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. when the writing, paper, instrument or article:

(1) In a bookmaking scheme or enterprise, constitute, reflect or represent more than five bets totaling more than $1,000.00; or

(2) In the case of a lottery or policy scheme or enterprise, constitute, reflect or represent more than one hundred plays or chances therein.

Otherwise, possession of gambling records is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $20,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.

L.1978, c.95; amended 1979, c.178, s.70; 1997, c.181, s.10.

Section 2C:37-5

Gambling offenses; presumption –

In any prosecution under this article in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute presumptive proof of the occurrence of such event.

L.1978, c. 95, s. 2C:37-5, eff. Sept. 1, 1979. Section 2C:37-6

Lottery offenses; no defense –

New Jersey Online Gambling Bill

Any offense defined in this article which consists of the commission of acts relating to a lottery is no less criminal because the lottery itself is drawn or conducted without the State. This section shall not apply to any person who has in his possession or custody any paper, document, slip or memorandum of a lottery which is authorized, sponsored and operated by any state of the United States, provided that the paper, document, slip or memorandum was purchased by the holder thereof in the State wherein such lottery was authorized, sponsored and operated.

L.1978, c. 95, s. 2C:37-6, eff. Sept. 1, 1979. Section 2C:37-6

1. Lottery equipment or advice for out of state utilization; manufacture, sale and transport; inapplicability of law providing penalty or disability

No law providing any penalty or disability for the sale of lottery tickets or any acts done in connection with a lottery shall apply to the rendering of consultation or advice in connection with a lottery, or the manufacturing, processing, selling, possessing or transporting of equipment, tickets or materials, for use or designed for use in a lottery, if such lottery is (a) conducted by a state of the United States and such equipment, tickets or materials are for shipment out of this State to addresses within such state, or (b) not violative of the laws of a foreign country in which it is conducted or intended to be conducted and such equipment, tickets or materials are for shipment to foreign countries to persons or entities that can lawfully use such materials. For purposes of this section, “foreign country” means any empire, country, dominion, colony or protectorate, or any subdivision or subdivisions thereof (other than the United States and its possessions).

L.1979, c. 129, s. 2, eff. Sept. 1, 1979.

Section 2C:37-8

Gambling offenses; jurisdiction –

All offenses under this chapter shall be prosecuted in the Superior Court.

L.1978, c. 95, s. 2C:37-8, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 72, eff. Sept. 1, 1979.

Section 2C:37-9

Nonapplicability

Nothing in this chapter shall be construed to prohibit any activity authorized by the “Casino Control Act” (P.L.1977,

c. 110; C. 5:12-1 et seq.), or to supersede any provision of said act.

L.1978, c. 95, s. 2C:37-9, eff. Sept. 1, 1979. Amended by L.1979, c. 176, s. 3, eff. Sept. 1, 1979.

Section 2C:38-1

New Jersey Online Gambling Law

Short title.

1.Sections 1 through 5 of this act shall be known and may be cited as the “September 11th, 2001 Anti-Terrorism Act.”

New Jersey Online Gambling Laws

Sources: