CHAPTER 289

GENERAL PROVISIONS RESPECTING POLICE RELATING TO BETS AND WAGERS

AN ACT TO AMEND CHAPTER 100 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO GENERAL PROVISIONS RESPECTING POLICE IN REFERENCE TO BETS AND WAGERS.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met (two-thirds of all Members elected to each Branch thereof concurring therein):

Section 1. That 4063. Section 168. of Chapter 100 of the Revised Code of Delaware, 1935, relating to general provisions respecting police is hereby amended by striking out all of said Section, and inserting in lieu thereof the following:

4063. Sec. 168. CONTEST OF SKILL, SPEED OR POWER OF ENDURANCE; KEEPING BOOKS OR DEVICES FOR RECORDING &c. BETS OR WAGERS; RECORDING BETS OR WAGERS; OWNERSHIP OR OCCUPANCY OF PREMISES WHERE SAME IS DONE; MAKING BETS OR WAGERS; MISDEMEANOR; PENALTY; EXCEPTIONS: Whoever keeps, exhibits or uses, or is concerned in interest in keeping, exhibiting or using, any book or books, device, apparatus or paraphernalia, for the purpose of receiving, recording, or registering bets or wagers upon the result of any trial, or contest, in the State of Delaware, or elsewhere, of skill, speed or power of endurance of man or beast; and any owner, lessee or occupant of any room, house, building, enclosure, or place of any kind, who keeps, exhibits, uses or employs therein, or permits or allows to be kept, exhibited, used or employed therein, or who is concerned in interest in keeping, exhibiting, using or employing therein any book, or books, device, apparatus or paraphernalia, for the purpose of receiving, recording or registering such bets, or wagers, or of forwarding in any manner any money, thing or consideration of value for the purpose of being bet or wagered upon the result of any trial or contest as aforesaid; and whoever records or registers such bets, or wagers, or receives, contracts, or agrees to receive any money or thing of value for the purpose, or with the intent to bet or wager, for himself or any other person or persons, such money or thing of value, or any part thereof, or the equivalent thereof, or of any part thereof, upon the result of any trial or contest in the State of Delaware, or elsewhere, of skill, speed or power of endurance of man, or beast, or is concerned in interest therein, shall be deemed guilty of a misdemeanor; and whoever directly or indirectly bets or wagers or promises to bet or wager any money, thing or consideration of value upon the result of any trial or contest, as aforesaid, likewise shall be deemed guilty of a misdemeanor.

Any person convicted of a violation of any of the provisions of this Section shall be punished for the first offense by a fine of not less than One Hundred Dollars nor not more than Five Hundred Dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment; for the second offense by a fine of not less than Five Hundred Dollars nor not more than One Thousand Dollars, or by imprisonment in the county jail of a minimum of six months or not exceeding one year, or by both such fine and imprisonment and for the third and subsequent offenses by imprisonment in the county jail not less than one year nor more than five years.

Provided, however, that the provisions of this Section shall not apply to any bet or wager made upon any horse race and made within the enclosure of any race meeting licensed and conducted under the laws of this State, and made by or through the means of a pari-mutuel or totalizator pool, the conduct of which is duly licensed by the Delaware Racing Commission, which exception need not be negative in any indictment or information.

The Municipal Court for the City of Wilmington shall have concurrent jurisdiction of the violations of this Section committed within the corporate limits of the said City of Wilmington.

Approved June 5, 1951.