CRIMINAL LAWAND PROCEDURE
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35-45-5-4.
Promoting professional gambling.
35-45-5-4.5. Notice to operator of illegal activity.
35-45-5-4.6. Blocking gambling e-mail.
35-45-5-4.7. Civil actions against gambling e-mail.
35-45-5-5.
Pari-mutuel wagering excluded.
35-45-5-6.
Lottery ticket sales excluded.
35-45-5-7.
Nonapplicability to advertising.
35-45-5-8.
Gambling devices authorized.
35-45-5-10.
Riverboat gambling excluded.
35-45-5-11.
Gambling at racetracks excluded.
35-45-5-12.
Exclusion of raffles, drawings and Type II
gambling games.
35-45-5-13.
Prized linked savings programs excluded.
35-45-5-1. Definitions.
(a) The definitions in this section apply
throughout this chapter.
(b) “Electronic gaming device” means any
electromechanical device, electrical device, or
machine that satisfies at least one (1) of the fol-
lowing requirements:
(1) It is a contrivance which for consider-
ation affords the player an opportunity to
obtain money or other items of value, the
award of which is determined by chance
even if accompanied by some skill,
whether or not the prize is automatically
paid by the contrivance.
(2) It is a slot machine or any simulation
or variation of a slot machine.
(3) It is a matchup or lineup game machine
or device operated for consideration, in
which two (2) or more numerals, sym-
bols, letters, or icons align in a winning
combination on one (1) or more lines ver-
tically, horizontally, diagonally, or other-
wise, without assistance by the player.
The use of a skill stop is not considered
assistance by the player.
(4) It is a video game machine or device
operated for consideration to play poker,
blackjack, or any other card game, keno,
or any simulation or variation of these
games, including any game in which
numerals, numbers, pictures, representa-
tions, or symbols are used as an equivalent
or substitute for the cards used in these
games.
The term does not include a toy crane machine or
any other device played for amusement that
rewards a player exclusively with a toy, a novelty,
candy, other noncash merchandise, or a ticket or
coupon redeemable for a toy, a novelty, or other
noncash merchandise that has a wholesale value
of not more than the lesser of ten (10) times the
amount charged to play the amusement device
one (1) time or twenty-five dollars ($25).
(c) “Gain” means the direct realization of win-
nings.
(d) “Gambling” means risking money or other
property for gain, contingent in whole or in part
upon lot, chance, or the operation of the a gam-
bling device, but it does not include participating
in:
(1) bona fide contests of skill, speed,
strength, or endurance in which awards
are made only to entrants or the owners of
entries; or
(2) bona fide business transactions that
are valid under the law of contracts.
(e) “Gambling device” means:
(1) a mechanism by the operation of which
a right to money or other property may be
credited, in return for consideration, as
the result of the operation of an element of
chance;
(2) a mechanism that, when operated for a
consideration, does not return the same
value or property for the same considera-
tion upon each operation;
(3) a mechanism, furniture, fixture, con-
struction, or installation designed primarily
for use in connection with professional
gambling;
(4) a policy ticket or wheel; or
(5) a subassembly or essential part
designed or intended for use in connection
with such a device, mechanism, furniture,
fixture, construction or installation.
In the application of this definition, an immediate
and unrecorded right to a replay mechanically
conferred on players of pinball machines and sim-
ilar amusement devices is presumed to be without
value.
(f) “Gambling information” means:
(1) a communication with respect to a
wager made in the course of professional
gambling; or
(2) information intended to be used for
