THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY P. COSTA, SCHRODER, YOUNGBLOOD, DAVIS, DENLINGER, GOODMAN, HENNESSEY, MAHONEY, MURT, READSHAW, K. SMITH, STEPHENS, SWANGER AND VULAKOVICH, SEPTEMBER 19, 2011

REFERRED TO COMMITTEE ON GAMING OVERSIGHT, SEPTEMBER 19, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further prohibiting gambling by

underage individuals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 63 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding sections to read:

§ 6321.  Underage gambling prohibitions.

(a)  Offense defined.--An individual commits an offense if

he:

(1)  Being under 21 years of age, enters or attempts to

enter or is found in a gaming area of a licensed facility as

that term is defined under 4 Pa.C.S. § 1103 (relating to

definitions), except that an individual 18 years of age or

older employed by a licensed gaming entity, a gaming service

provider or the Pennsylvania Gaming Control Board, as those

terms are defined in 4 Pa.C.S. (relating to amusements) or

any other regulatory agency or emergency response agency, may

enter and remain in any such area while engaged in the

performance of the individual's employment or volunteer

duties.

(2)  Being under 21 years of age, plays or attempts to

play or wagers or attempts to wager on a slot machine or

table game at a licensed facility.

(3)  Being under 21 years of age and, subject to an

exclusion order pursuant to subsection (d)(1), knowingly and

willfully enters or attempts to enter the premises or gaming

area of a licensed facility.

(4)  Being under 18 years of age, wagers or attempts to

wager on the outcome of any horse race meeting held at a

racetrack or nonprimary location where pari-mutuel wagering

is conducted by a licensed corporation as that term is

defined in section 102 of the act of December 17, 1981

(P.L.435, No.135), known as the Race Horse Industry Reform

Act, except that this prohibition shall not be construed to

forbid an individual who is under 18 years of age from

attending a horse race meeting if accompanied by a parent or

guardian, or to prohibit individuals under 18 years of age,

who are legally employed, from being upon the racetrack

premises for the sole purpose of engaging in the performance

of their duties.

(5)  Being under 18 years of age, purchases or attempts

to purchase or participate in any small games of chance as

that term is defined under section 3 of the act of December

19, 1988 (P.L.1262, No.156), known as the Local Option Small

Games of Chance Act.

(6)  Being under 18 years of age, purchases or attempts

to purchase a lottery ticket or share, or any similar game

sponsored by the Pennsylvania State Lottery, including any

instant game, in violation of section 301 of the act of

August 26, 1971 (P.L.351, No.91), known as the State Lottery

Law.

(b)  Grading.--

(1)  Except as provided in paragraph (3), a violation of

this section constitutes a summary offense when the offense

is a first offense.

(2)  A second or subsequent violation of this section

shall constitute a misdemeanor of the third degree.

(3)  A violation of subsection (a)(3) shall constitute a

misdemeanor of the third degree.

(4)  The use of preadjudication disposition in accordance

with subsection (e) shall be considered a first or subsequent

offense, whichever is applicable, for the purpose of further

adjudication under this title.

(c)  Mandatory fine.--In addition to any other penalty

imposed:

(1)  Except as provided in paragraph (2), an individual

convicted of a first offense under this section shall be

sentenced to pay a fine of not less than $500 nor more than

$2,000. An individual convicted of a second or subsequent

offense under this section shall be sentenced to pay a fine

of not less than $2,000 nor more than $5,000.

(2)  An individual convicted of violating subsection

(a)(3) shall be sentenced to pay a fine of not less than

$2,000 nor more than $3,000.

(d)  Additional penalties.--In addition to any other sentence

imposed following conviction for a violation of this section,

the court shall:

(1)  Issue an order prohibiting an individual who is

convicted of violating subsection (a)(1) or (2) from entering

or attempting to enter all licensed facilities in this

Commonwealth until the individual is 21 years of age.

(2)  Require the individual convicted of violating

subsection (a)(1) or (2) to have his name placed on the list

of persons self-excluded from gaming activities at all

licensed facilities in this Commonwealth in accordance with

regulations adopted by the Pennsylvania Gaming Control Board

pursuant to 4 Pa.C.S. § 1514 (relating to regulation

requiring exclusion or ejection of certain persons) until the

individual is 21 years of age.

(3)  Order the individual to perform a period of

community service not to exceed 40 hours.

(4)  Order the individual to return to the court any

money or prize won by the individual. Any money won by an

individual convicted of violating subsection (a) shall be

collected by the court and transmitted to the Treasury

Department for deposit in the fund established under 4

Pa.C.S. § 1509(b) (relating to compulsive and problem

gambling program). Any prize won shall be disposed of in a

manner ordered by the court, except that any money resulting

from such disposal shall be transmitted to the Treasury

Department for deposit in the Compulsive and Problem Gambling

Treatment Fund.

(e)  Preadjudication disposition.--

(1)  When an individual under 18 years of age is charged

with violating subsection (a), the court may admit the

offender to an adjudication alternative program under 42

Pa.C.S. § 1520 (relating to adjudication alternative program)

or to any other preadjudication disposition, if the offender

has not previously received a preadjudication disposition for

violating subsection (a).

(2)  Notwithstanding any provision of law or rule of

court to the contrary, when an individual under 18 years of

age is charged with violating subsection (a), the use of

preadjudication disposition shall not be authorized for an

individual charged with violating subsection (a)(1) or (2)

unless such preadjudication disposition requires the

individual to place his name on the list of self-excluded

persons maintained by the Pennsylvania Gaming Control Board

in accordance with 4 Pa.C.S. § 1514.

(f)  Suspension of sentence.--No court shall have the

authority to suspend any sentence required by this section.

(g)  Definitions.--For the purposes of this section, the term

"other regulatory agency" shall mean the Pennsylvania State

Police, the Office of Attorney General and the Pennsylvania

Department of Revenue.

§ 6322.  Misrepresentation of age to engage in gambling.

(a)  Offense defined.--An individual commits an offense if

he, being an underage individual, knowingly and falsely

represents himself to be of full age to any agent or person for

the purpose of:

(1)  entering or attempting to enter a licensed facility

as that term is defined under 4 Pa.C.S. § 1103 (relating to

definitions);

(2)  playing or attempting to play or wagering on a slot

machine or table game at a licensed facility;

(3)  subject to an exclusion order pursuant to subsection

(d)(1), enters or attempts to enter the premises or gaming

area of a licensed facility;

(4)  wagering or attempting to wager on the outcome of a

horse race meeting at a racetrack or nonprimary location as

those terms are defined under section 102 of the act of

December 17, 1981 (P.L.435, No.135), known as the Race Horse

Industry Reform Act;

(5)  purchasing or attempting to purchase or participate

in small games of chance as that term is defined under

section 3 of the act of December 19, 1988 (P.L.1262, No.156),

known as the Local Option Small Games of Chance Act; or

(6)  purchasing or attempting to purchase a State Lottery

ticket or share or any similar game sponsored by the

Pennsylvania State Lottery, including an instant game, in

violation of section 301 of the act of August 26, 1971

(P.L.351, No.91), known as the State Lottery Law.

(b)  Grading.--

(1)  An individual who violates this section commits a

misdemeanor of the third degree.

(2)  The use of preadjudication disposition in accordance

with subsection (e) shall be considered a first or subsequent

offense, whichever is applicable, for the purpose of further

adjudication under this title.

(c)  Penalty.--In addition to any other penalty imposed under

this title, an individual convicted of an offense under this

section shall be sentenced to pay a fine of not less than $2,000

nor more than $3,000.

(d)  Additional penalties.--In addition to any other sentence

imposed following conviction for a violation of this section,

the court shall:

(1)  Issue an order prohibiting an individual who is

convicted of violating subsection (a)(1) or (2) from entering

or attempting to enter all licensed facilities in this

Commonwealth until the individual is 21 years of age.

(2)  Require the individual who is convicted of violating

subsection (a)(1) or (2) to have his name placed on the list

of persons self-excluded from gaming activities at all

licensed facilities in this Commonwealth in accordance with

regulations adopted by the Pennsylvania Gaming Control Board

pursuant to 4 Pa.C.S. § 1514 (relating to regulation

requiring exclusion or ejection of certain persons) until the

individual is 21 years of age.

(3)  Order the individual to perform a period of

community service not to exceed 80 hours.

(4)  Order the individual to return to the court any

money or prize won by the individual. Any money won by an

individual convicted of violating subsection (a) shall be

collected by the court and transmitted to the Treasury

Department for deposit in the fund established under 4

Pa.C.S. § 1509(b) (relating to compulsive and problem

gambling program). Any prize won shall be disposed of in a

manner ordered by the court, except that any money resulting

from such disposal shall be transmitted to the Treasury

Department for deposit in the Compulsive and Problem Gambling

Treatment Fund.

(e)  Preadjudication disposition.--

(1)  When an individual under 18 years of age is charged

with violating subsection (a), the court may admit the

offender to an adjudication alternative program under 42

Pa.C.S. § 1520 (relating to adjudication alternative program)

or to any other preadjudication disposition, if the offender

has not previously received a preadjudication disposition for

violating subsection (a).

(2)  Notwithstanding any provision of law or rule of

court to the contrary, when an individual under 18 years of

age is charged with violating subsection (a), the use of

preadjudication disposition shall not be authorized for an

individual charged with violating subsection (a)(1) or (2)

unless such preadjudication disposition requires the

individual to place his name on the list of self-excluded

persons maintained by the Pennsylvania Gaming Control Board

in accordance with 4 Pa.C.S. § 1514 until such individual is

21 years of age.

(f)  Suspension of sentence.--No court shall have the

authority to suspend any sentence required by this section.

(g)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Agent" or "person."  The term means:

(1)  Any employee, agent, representative or contractor of

a licensed gaming entity or licensed racing entity as those

terms are defined under 4 Pa.C.S § 1103, any employee, agent,

representative or contractor of the State Horse Racing

Commission or the State Harness Racing Commission or any

trooper of the Pennsylvania State Police or any other law

enforcement officer.

(2)  A person or any employee, agent or representative of

a person licensed to conduct small games of chance pursuant

to the act of December 19, 1988 (P.L.1262, No.156), known as

the Local Option Small Games of Chance Act.

(3)  A lottery sales agent licensed in accordance with

the act of August 26, 1971 (P.L.351, No.91), known as the

State Lottery Law, or any employee, agent or representative

of a lottery sales agent.

"Underage individual."  An individual who is under 18 years

of age or an individual who is under 21 years of age, as the

case may be.

§ 6323.  Representing that individual is of age.

(a)  Offense defined.--An individual commits an offense if he

knowingly, willfully and falsely represents to any agent or

person that an underage individual is of full age for the

purpose of inducing any such agent or person to allow an

underage individual to:

(1)  Enter a licensed facility, as that term is defined

in 4 Pa.C.S. § 1103 (relating to definitions).

(2)  Play or wager on a slot machine or table game at a

licensed facility.

(3)  Wager on the outcome of any horse race meeting held

at a racetrack or nonprimary location where pari-mutuel

wagering is conducted by a licensed corporation as that term

is defined in section 102 of the act of December 17, 1981

(P.L.435, No.135), known as the Race Horse Industry Reform

Act.

(4)  Purchase or participate in small games of chance as

that term is defined under section 3 of the act of December

19, 1988 (P.L.1262, No.156), known as the Local Option Small

Games of Chance Act.

(5)  Purchase a lottery ticket or share or any similar

game, including an instant game, sponsored by the

Pennsylvania State Lottery in violation of section 301 of the

act of August 26, 1971 (P.L.351, No.91), known as the State

Lottery Law.

(b)  Grading.--An individual who violates this section

commits a misdemeanor of the third degree.

(c)  Penalty.--An individual convicted of an offense under

this section shall be sentenced to pay a fine of not less than

$2,000 nor more than $5,000.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Agent" or "person."  The term means:

(1)  Any employee, agent, representative or contractor of

a licensed gaming entity or licensing racing entity as those

terms are defined under 4 Pa.C.S. § 1103, any employee,

agent, representative or contractor of the State Horse Racing

Commission or the State Harness Racing Commission or any

trooper of the Pennsylvania State Police or any other law

enforcement officer.

(2)  A person or any employee, agent or representative of

a person licensed to conduct small games of chance pursuant

to the act of December 19, 1988 (P.L.1262, No.156), known as

the Local Option Small Games of Chance Act.

(3)  A lottery sales agent or any employee, agent or

representative of a lottery sales agent licensed in

accordance with the act of August 26, 1971 (P.L.351, No.91),

known as the State Lottery Law.

"Underage individual."  An individual who is under 18 years

of age or an individual who is under 21 years of age, as the

case may be.

Section 2.  This act shall take effect in 60 days.