New Jersey Section 2C:37-2 – Promoting gambling

New Jersey Law on Promoting Gambling – What You Need to Know

New Jersey has some pretty strict laws when it comes to gambling. Section 2C:37-2 of the New Jersey Code specifically deals with “promoting gambling” – which basically means participating in or profiting from illegal gambling operations. This law can get folks in some serious trouble, so it’s important to understand what’s legal and what’s not if you’re involved in any sort of gambling in NJ.

Let’s break it down:

What Exactly is “Promoting Gambling” in NJ?

According to Section 2C:37-2, you’re guilty of promoting gambling if you “knowingly”:

• Accept or receive money or property through an agreement where you get a cut of gambling proceeds
• Do anything that “materially aids” any kind of gambling activity

That’s pretty broad. Basically if you help run or profit from an illegal gambling operation in any way, you could be on the hook.

Some examples:

• Taking a cut of the profits from an illegal poker game
• Letting people use your business as a front for an illegal sportsbook
• Collecting debts for an illegal numbers racket

You don’t even have to be directly involved with the gambling itself. As long as you know you’re profiting from illegal gambling in some way, you could face charges.

What Kind of Penalties Are We Talking?

Like most crimes, the penalties for promoting gambling depend on the specifics of the case. But in general:

• Running a sportsbook or taking 3+ bets over 2 weeks = 4th degree crime. Up to 18 months in prison and fines up to $25,000 [according to NJ law](https://casetext.com/statute/new-jersey-statutes/title-2c-the-new-jersey-code-of-criminal-justice/chapter-2c37/section-2c37-2-promoting-gambling#).
• Other kinds of promoting gambling = disorderly persons offense. Up to 6 months in jail and fines up to $1,000.

And that’s just the criminal penalties – the state can also come after you civilly to collect any profits you made from illegal gambling. We’re talking big fines here, potentially over $100k according to [this source](https://codes.findlaw.com/nj/title-2c-the-new-jersey-code-of-criminal-justice/nj-st-sect-2c-37-2.html).

So yeah, promoting gambling in New Jersey is no joke. You can end up with a criminal record and get hit hard in the wallet if you’re not careful.

What About Just Gambling? Am I Breaking the Law?

Simply gambling or placing bets isn’t illegal under New Jersey law. The players themselves don’t get in trouble – only the people running the games or collecting the profits.

There’s also an important exception for “social gambling.” Small stakes card games and informal betting between friends is allowed under NJ law, as long as the house doesn’t take a cut and there’s no formal organization.

So having a weekly poker game or making friendly bets on the big game is fine. But once money starts changing hands with outside parties, you’re wandering into illegal territory.

Can I Legally Gamble in New Jersey?

Yes! While New Jersey takes a hard line on illegal gambling operations, there are also plenty of legal ways to place bets in the state:

• Atlantic City casinos – New Jersey legalized casino gambling in Atlantic City back in 1976. The iconic boardwalk is home to 9 massive casino resorts where you can play slots, cards, craps, roulette, and more.
• Racetracks – Betting on live horse racing is legal in NJ at tracks like Monmouth Park and Meadowlands Racetrack. You can place bets at the track or through advance deposit wagering sites.
• Online gambling – New Jersey actually has legal online casinos, poker, and sports betting! You have to register in-person at an Atlantic City casino first, but then can bet real money on sites like FanDuel and DraftKings from anywhere in NJ.
• State lottery – Of course, anyone 18+ can play the New Jersey Lottery. You can buy tickets for games like Powerball and Mega Millions at thousands of retailers around the state.

So don’t break the law trying to gamble illegally – there are plenty of regulated options! Just stick to the legal NJ gambling sites and venues.

Defenses: When Promoting Gambling Charges Don’t Stick

Facing promoting gambling charges in New Jersey can be scary. But there are a few defenses that a good lawyer might be able to argue to get the charges dropped or reduced:

• Lack of knowledge – Prosecutors have to prove you knowingly profited from illegal gambling. If you can show you were unaware or made an honest mistake, that could undermine the charges.
• Just a player – The law specifically says players can’t be charged with promoting gambling. If you placed bets but weren’t running the operation, you may be off the hook.
• Entrapment – This defense claims you only broke the law because an undercover cop pressured you into it. If they pushed you over the line into committing a crime you otherwise wouldn’t have, the charges could potentially get thrown out.
• Necessity – In very rare cases, people have argued they only profited from illegal gambling because they were in desperate financial circumstances with no other options. Probably a long shot defense, but could work in some situations.

If you do get charged with promoting gambling, don’t panic. Call a experienced New Jersey criminal defense lawyer right away – they can review the evidence and advise you on the best defense strategy. Don’t just plead guilty without exploring your options first.

The Bottom Line

Gambling is a complex issue in New Jersey. On one hand, the state has a thriving legal gambling industry. But officials still take illegal gambling very seriously, slapping promoters with fines and jail time.

The key is knowing the difference between legal regulated gambling, social gambling with friends, and straight-up illegal operations. If you steer clear of profiting off unlicensed gambling, you should be fine. But if you cross the line, the penalties can be severe.

When in doubt, stick to the regulated Atlantic City casinos and racetracks. And if you do end up facing charges, fight back with an experienced criminal defense attorney by your side. Don’t just roll over – make the state prove their case against you.

With smart choices, you can enjoy gambling in New Jersey without ending up on the wrong side of Section 2C:37-2!