New Jersey Section 2C:37-4.1 – Shipboard gambling, crime; grading; exception

New Jersey’s Laws on Shipboard Gambling – What You Need to Know

New Jersey has some pretty strict laws when it comes to gambling, especially shipboard gambling. Section 2C:37-4.1 of the New Jersey Code of Criminal Justice deals specifically with gambling that takes place on ships embarking and disembarking from New Jersey ports. This law was enacted to crack down on cruise ships and other vessels that operate out of New Jersey but allow gambling activities in international waters.

I know, I know – it sounds kind of unfair. Why should New Jersey get to dictate what happens on a ship that’s out in the middle of the ocean? Well, let’s take a closer look at the law and what it means for anyone looking to do a little gambling on their next ocean cruise.

The Basics of 2C:37-4.1

The statute basically says that if any gambling activities prohibited under New Jersey law take place on a ship embarking and disembarking in New Jersey, regardless of whether the gambling happens in New Jersey waters or international waters, it can be prosecuted as a New Jersey crime.

The activities prohibited under New Jersey law include pretty much all forms of gambling other than state-approved stuff like casino gambling in Atlantic City and the state lottery. So things like sports betting, card games, dice games, and slots would all be prohibited gambling activities.

The law also makes clear that it applies to cruise ships, so your typical Caribbean cruise with a casino onboard would fall under this statute if the ship leaves from or returns to a New Jersey port.

Grading of the Offense

Under 2C:37-4.1, shipboard gambling is graded as the same level of crime as the underlying gambling activity being conducted. For example:

• Operating an illegal sportsbook onboard would be considered “promoting gambling” under 2C:37-2, which is a 3rd degree felony in New Jersey.
• Illegal card games like poker would fall under “maintaining a gambling resort” per 2C:37-4, which is a 4th degree crime.

So shipboard gambling gets graded the same as if the activity occurred on land in New Jersey. The penalties can include hefty fines and jail time depending on the severity of the offense.

Exceptions

There are a couple exceptions built into the law:

• It doesn’t apply to gambling on ships just passing through New Jersey waters but embarking/disembarking elsewhere. So a New York to Bermuda cruise could pass by NJ but not be subject to this law.
• It also doesn’t apply on certain segments of travel to/from foreign nations or other U.S. states or territories. Basically when the ship is in transit between the foreign port and New Jersey.

But other than those exceptions, the law is intended to be pretty broad and put a damper on shipboard casinos for cruises going in and out of New Jersey ports.

Implications for Cruise Ship Passengers

What does this mean for you if you’re looking to do some gambling on your next cruise? Well, unfortunately if your cruise ship leaves from or returns to a New Jersey port, the onboard casino will almost certainly be closed for the duration of the trip.

The cruise lines don’t want to take the risk of violating New Jersey law and facing prosecution. So they play it safe and just prohibit gambling entirely on NJ cruise itineraries.

You should also be aware that New Jersey officials may conduct inspections of cruise ships once they dock in NJ ports. They have jurisdiction to come onboard and check for any gambling violations. So it’s not something you’d want to mess around with.

Your best bet is to choose an itinerary leaving from New York, Florida, or another nearby state that doesn’t have such strict anti-gambling laws. Then you can enjoy the casino without worrying about breaking any rules!

A Controversial Law

New Jersey’s shipboard gambling statute has been controversial since it was enacted in the late 1990s. Supporters argue it’s needed to back up the state’s prohibitions on unauthorized gambling. But critics say it overreaches by trying to regulate activities in international waters.

The cruise industry has lobbied heavily against 2C:37-4.1, saying it hurts their business from New Jersey ports. But so far efforts to overturn or scale back the law have not succeeded.

For now it remains in effect, so cruise passengers need to be aware. If you’re a gambling enthusiast, carefully check your cruise itinerary to make sure it doesn’t fall under this law’s jurisdiction.

And if you do get stuck on a NJ cruise with the casino closed, try to make the best of it! Focus on the food, entertainment, ports of call, and enjoying the ocean voyage. There’s still plenty of fun to be had, even without the blackjack and roulette tables.

What do you think about New Jersey’s shipboard gambling law? Fair regulation or government overreach? Share your thoughts in the comments!