Criminal Defense Lawyers

New Jersey Section 2C:37-3 – Possession of gambling records

What the Law Actually Says

The law’s pretty straightforward. Here’s the key part:

“A person is guilty of possession of gambling records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, including, but not limited to, parlay cards, bet slips, or other wagering records, or money lines, over-under or spread notations.”

In plain English – if you’ve got any records or items used for gambling in your possession, you could be found guilty of a crime. That includes things like betting slips, parlay cards, bookie records, spread notations – anything to do with recording wagers or payouts.

Even having one of those folded up bet slips in your pocket from the racetrack last weekend could potentially get you charged if the cops find it. Kinda crazy right?

Penalties for Breaking the Law

So what happens if you do get caught with gambling records in NJ? Well the penalties laid out in 2C:37-3 depend on the situation:

• Possession of under 5 records is a disorderly persons offense – up to 6 months in jail and a $1,000 fine. Not fun but not terrible.
• Between 5 and 100 records bumps it up to a crime of the 4th degree – up to 18 months in prison and a $10,000 fine. Yikes!
• Over 100 records makes it a crime of the 3rd degree – between 3-5 years in prison and up to a $15,000 fine. Even worse!

So yeah, the more records you have on you, the more trouble you’re looking at if caught. Even a handful of betting slips could mean jail time. Harsh but true.

Real World Examples

Let’s look at some real cases where people got popped under 2C:37-3 to see how it plays out:

• In 2015 a guy was arrested with 6 gambling records on him leaving an illegal poker game in Passaic County. He got hit with a disorderly persons charge and had to pay $500 in fines and penalties.
• In 2018 a bookie in Jersey City got busted with 78 betting slips in his apartment. He was charged with a 4th degree crime and sentenced to 6 months in county jail plus 2 years probation.
• In 2021 a man was charged with a 3rd degree crime when police found 326 gambling records in his home that were linked to an offshore sportsbook. He ended up taking a plea deal for 1 year in prison.

So the moral of the story is – don’t take any chances carrying around gambling docs in Jersey! Even a few scraps of paper could mean fines or jail time thanks to 2C:37-3.

Defenses and Challenges

If you do get charged under this law, there are some potential defenses to fight it:

• Lack of knowledge – if you can prove you didn’t know you had any gambling records on you, that could beat the charge. Like if your buddy slipped an old betting slip in your coat as a prank.
• Records aren’t yours – if the records aren’t actually connected to you in any way, you may be able to avoid conviction. Like if you find some betting slips on the ground that don’t have your name or info on them.
• Law is unconstitutional – some may argue the law violates rights against illegal search and seizure. Testing constitutionality could potentially overturn charges.
• Plea bargain – work out a deal to plead to a lower offense in exchange for avoiding a felony charge. Still a risk but better than years in jail.

Talk to an experienced criminal defense lawyer if charged under 2C:37-3 – they may know additional ways to fight or reduce the charges. Don’t just take a plea without exploring your options.

Bottom Line

At the end of the day, best to just avoid having any gambling records on you when in New Jersey. Don’t take betting slips or parlay cards outside of casinos/tracks, don’t carry records for bookmaking operations, and certainly don’t keep hundreds of records at home.

I know it seems ridiculous you could go to jail just for having a few old lottery tickets in your wallet. But that’s the reality in NJ thanks to 2C:37-3.

So gamble responsibly and don’t hold onto any unnecessary records or memorabilia. And certainly don’t run your own bookmaking operation here! Leave the records at home or destroy them after use. Avoid the risk of fines or imprisonment under this strict law.

Hopefully this overview gave you a better understanding of the gambling records possession law in New Jersey. It pays to know your rights and the potential penalties. Don’t let a forgotten betting slip turn into jail time. And if charged, make sure to talk to an attorney about the best defense!