Mar 21, 2024

Second Degree Promoting Gambling: New York Penal Law 225.05

Promoting Gambling in the Second Degree: Understanding New York Penal Law 225.05

Definition and Elements of the Offense

Promoting gambling in the second degree is defined under New York Penal Law section 225.05.

To be guilty of promoting gambling in the second degree, you must knowingly profit from or advance the act of unlawful gambling.

Making Sense of New York Penal Law Section 225.05

Gambling is the act of risking value, based on uncontrollable chance, with the agreement that something of value will be received if a specific outcome occurs.

Understanding “Advancing” Gambling Activity

Advancing gambling activity occurs when you materially aid gambling but do not act as a player (a participant in the activity who has an equal chance of receiving winnings as all other participants and does not materially aid the gambling activity in any way).

Also, you advance gambling activity when you:

• Control the premises where gambling is occurring
• Have knowledge of the gambling activity
• Allow or do not attempt to prevent gambling activity on the premises

Profiting from Gambling Operations

To profit from gambling means you agree to accept value generated by gambling activity.

To be charged with promoting gambling in the second degree you must promote the gambling activity “knowingly“.

This means you must be aware that the gambling activity is unlawful.

Unlawful gambling is gambling activity the law has not specifically authorized—not all gambling activity is unlawful.

The Bottom Line

Promoting gambling in the second degree means you are aware you are promoting gambling activity that is not specifically authorized by the law by:

• Materially aiding gambling activity
• Controlling the premises where gambling is occurring
• Accepting value generated by gambling activity

Classification of New York Penal Law Section 225.05

New York Penal Law Section 225.05, promoting gambling in the second degree, is categorized and punishable as a serious class A misdemeanor.

Understanding Misdemeanor Classifications

Article 10 in New York State Penal Law defines a misdemeanor as a criminal offense.

Misdemeanors can be classified in three ways including:

• Class A
• Class B
• Unclassified

Conviction, Sentencing, and Punishment

According to New York State Penal Law, a class A misdemeanor conviction can result in jail time or probation.

New York State class A misdemeanor sentencing can range from 15 days to one year of jail-time or a three-year probationary period—with the exception of traffic violations.

Additionally, a fine can be imposed on the defendant.

The fine can be a maximum of $1K or double the value you gained in committing the crime.

Factors Affecting Criminal Consequences

criminal consequences will vary depending on your prior criminal history and whether you committed additional crimes associated with your current charge of promoting gambling in the second degree.

Should additional factors be involved, your criminal consequences could become more severe.

Understanding ‘Guilty’

According to New York Penal Law, if the specific gambling act is not defined as lawful, it is an unlawful gambling activity.

If you knowingly advance or profit from unlawful gambling, you can be charged with promoting gambling in the second degree.

Elements the Prosecution Must Prove

If charged and convicted of promoting gambling in the second degree in New York state, you will face a class A misdemeanor and be sentenced or penalized accordingly.

To be charged and convicted, you must be found guilty of the criminal offense.

To be found guilty of promoting gambling in the second degree, the prosecutor must use evidence to prove, beyond a reasonable doubt, that you:

• Profited from or advanced unlawful gambling
• Did either or both acts knowingly

Outcomes of Criminal Proceedings

If the prosecution succeeds and the court finds you guilty of promoting gambling in the second degree, you will be charged with a class A misdemeanor.

If the prosecution fails to use evidence to prove you are guilty, beyond a reasonable doubt, of promoting gambling in the second degree, and the court does not find you guilty of the crime, you will not be charged with a class A misdemeanor.

The Best Outcome for Your Case

You need to have a strong defense counsel to defend and promote your case in court against the prosecution.

To ensure the best possible outcome for your case, get a defense lawyer on your team immediately.

Legal Defense Strategies

As criminal attorneys, we specialize in advocating for your rights and building the strongest case possible to prove your innocence, including mitigating any special circumstances like:

• Additional associated crimes
• A criminal history

Regardless of your unique situation, we can defend you against a promoting gambling in the second degree charge.

We want to begin building your defense today.

Second Degree Promoting Gambling: New York Penal Law 225.05