CRIMINAL LAWAND PROCEDURE
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professional gambling.
(g) “Interactive computer service” means an
Internet service, an information service, a sys-
tem, or an access software provider that provides
or enables computer access to a computer served
by multiple users. The term includes the follow-
ing:
(1) A service or system that provides
access or is an intermediary to the Internet.
(2) A system operated or services offered
by a library, school, state educational insti-
tution, or private postsecondary educa-
tional institution.
(h) “Operator” means a person who owns,
maintains, or operates an Internet site that is used
for interactive gambling
(i) “Profit” means a realized or unrealized
benefit (other than a gain) and includes benefits
from proprietorship or management and unequal
advantage in a series of transactions.
(j) “Tournament” means a contest in which:
(1) the consideration to enter the contest
may take the form of a separate entry fee
or the deposit of the required consideration
to play in any manner accepted by the:
(A) video golf machine; or
(B) pinball machine or similar amuse-
ment device described in subsection
(m)(2);
on which the entrant will compete;
(2) each player’s score is recorded; and
(3) the contest winner and other prize win-
ners are determined by objectively com-
paring the recorded scores of the competing
players.
(k) “Toy crane machine” means a device that
is used to lift prizes from an enclosed space by
manipulating a mechanical claw.
(l) For purposes of this chapter:
(1) a card game; or
(2) an electronic version of a card game;
is a game of chance and may not be considered a
bona fide contest of skill.
(m) In the application of the definition of
gambling set forth in subsection (d), the payment
of consideration to participate in a tournament
conducted on:
(1) video golf games; or
(2) pinball machines and similar amuse-
ment devices that award no prizes other
than to mechanically confer an immediate
and unrecorded right to replay on players
that is presumed to be without value under
this section:
is not considered gambling even if the value of a
prize awarded in the course of the tournament
exceeds the amount of the player’s considera-
tion.
35-45-5-2. Unlawful gambling.
(a) A person who knowingly or intentionally
engages in gambling commits unlawful gambling.
(b) Except as provided in subsection (c),
unlawful gambling is a Class B misdemeanor.
(c) An operator who knowingly or intention-
ally uses the Internet to engage in unlawful gam-
bling:
(1) in Indiana; or
(2) with a person located in Indiana;
commits a Level 6 felony.
35-45-5-3. Professional gambling.
(a) A person who knowingly or intentionally:
(1) engages in pool-selling;
(2) engages in bookmaking;
(3) maintains, in a place accessible to the
public, slot machines, one-ball machines or
variants thereof, pinball machines that
award anything other than an immediate
and unrecorded right of replay, roulette
wheels, dice tables, or money or mer-
chandise pushcards, punchboards, jars, or
spindles;
(4) conducts lotteries or policy or num-
bers games or sells chances therein;
(5) conducts any banking or percentage
games played with cards, dice, or counters,
or accepts any fixed share of the stakes
therein; or
(6) accepts, or offers to accept, for profit,
money, or other property risked in gam-
bling;
commits professional gambling, a Level 6 felony.
However, the offense is a Level 5 felony if the per-
son has a prior unrelated conviction under this sub-
section.
(b) An operator who knowingly or intention-
ally uses the Internet to:
(1) engage in pool-selling:
