PRINTER'S NO. 2478
No. 1974 Session of 1999
INTRODUCED BY CLYMER, ARMSTRONG, BAKER, BATTISTO, EGOLF,
FAIRCHILD, FARGO, FLEAGLE, GANNON, GEIST, GEORGE, GODSHALL,
GORDNER, HENNESSEY, HERSHEY, HESS, KIRKLAND, LAUGHLIN, LYNCH,
MAITLAND, MASLAND, McNAUGHTON, MELIO, METCALFE, R. MILLER,
S. MILLER, MYERS, ORIE, PLATTS, ROHRER, RUBLEY, SATHER,
SAYLOR, SCHULER, STEELMAN, STERN, STEVENSON, E. Z. TAYLOR,
THOMAS, TRUE, WASHINGTON, YOUNGBLOOD AND ZIMMERMAN,
OCTOBER 19, 1999
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 19, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of gambling
3 by computer.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5514.1. Gambling by computer.
9 (a) Offense defined.--Whoever, being engaged in the business
10 of betting or wagering, uses a computer or other communication
11 facility for the transmission or receipt of bets or wagers
12 commits a misdemeanor of the first degree when the person
13 placing the bet or wager, the computer receiving the bet or
14 wager or any communication facility used in transmitting the bet
15 or wager is located in this Commonwealth.
1 (b) Confiscation of computer.--Any computer or communication
2 facility possessed or used by a person engaged in the business
3 of betting or wagering in violation of the provisions of
4 subsection (a) shall be seized and forfeited to the Commonwealth
5 in a manner identical to seizure pursuant to section 5513
6 (relating to gambling devices, gambling, etc.).
7 (c) Concurrent jurisdiction to prosecute.--The Attorney
8 General shall have the concurrent prosecutorial jurisdiction
9 with the district attorney for cases arising under this section,
10 and may refer to the district attorney, with the district
11 attorney's consent, any violation or alleged violation of this
12 section which may come to the Attorney General's attention.
13 (d) Applicability.--This section shall not apply to any
14 activity conducted pursuant to the act of December 17, 1981
15 (P.L.435, No.135), known as the Race Horse Industry Reform Act,
16 or the act of August 26, 1971 (P.L.351, No.91), known as the
17 State Lottery Law.
18 (e) Definitions.--The following words and phrases when used
19 in this section shall have the meanings given to them in this
20 section unless the context clearly indicates otherwise:
21 "Bet or wager." The staking or risking, by any person, of
22 something of value upon the outcome of a contest of any nature
23 or a future contingent event not under the control or influence
24 of the person, upon an agreement or understanding that the
25 person or another person will receive something of value in the
26 event of a certain outcome. This includes the purchase of a
27 chance or opportunity to win a lottery or other prize.
28 "Communication facility." Any and all instrumentalities,
29 personnel and services used or useful in the transmission of
30 writings, signs, pictures and sounds of all kinds by aid of
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1 wire, cable or other like connection between the points of
2 origin and reception of such transmission possessed or used by a
3 person engaged in the business of betting or wagering.
4 "Computer." Includes an electronic, magnetic, optical or
5 other high-speed data processing device or system performing
6 logical, arithmetic and storage functions and includes any
7 property, data storage facility or communications facility
8 directly related to or operating in conjunction with such device
9 or system.
10 "Engaged in the business of betting or wagering." Engaging
11 in any activity prohibited by section 5513 (relating to gambling
12 devices, gambling, etc.). The term includes, but is not limited
13 to, the design, development, management, supervision,
14 maintenance or production of any computer services, computer
15 system, computer network, computer software or providing a Home
16 Page, Web Site or any other product accessing the Internet,
17 World Wide Web or any part thereof offering to any client, for
18 the primary purpose of conducting a business, any game, contest,
19 lottery or contrivance whereby a person may make bets or wagers.
20 "Internet." The global information system that is logically
21 linked together by a globally unique address space based on the
22 Internet Protocol or its subsequent extensions, is able to
23 support communications using the Transmission Control
24 Protocol/Internet Protocol suite or its subsequent extensions
25 and other Internet Protocol compatible protocols, and provides,
26 uses or makes accessible, either publicly or privately, high-
27 level services layered on the communications and related
28 infrastructure described herein.
29 Section 2. This act shall take effect in 60 days.
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