Kowboy on Lone Star Law

[Johnny Hughes]

Here's something Kowboy wrote I want to share with all:

posted October 05, 2004 05:08 PM
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I was asked to re-post this little story. It is fiction but the law and the penalty stated are facts.

Every town no matter how small has at least one high stakes game. This game takes place Saturday nite most of the time. The only time the Cops hear about it is when some over zealous Rookie thinks he is working a snitch and the nickle and dime snitch gives up the game. The snitch doesn't know anything other then they play cards and dice every Saturday nite. He has never been inside but he has heard the tells from the ones that have. (BTW the snitch looks a lot like Powers)

The Rookie will fill out a Special Crimes request for action form and turn it into his Sgt. The Special Crimes Unit will call the Rookie in to see if there is anything new on the gaming house. The Rookie is so proud of himself. Look at him only 6 months on the force and he is sitting in the hot seat of the Special Crimes Unit. He has the attention of all the Undercover guys. He can't wait for the interview to end so he can go and call his Mother with the good news. The minute his source is revealed all the members of the unit know he is wasting thier time. They have all met with Powers one time or the other and know he would give up his own Mom for the $20 it takes to buy his next rock. But being the good ole boys they are they start feeding the Rookie rope. By the time the Rookie has finished his story not only has his snitch played in the game but he has offered to bring the Rookie into the game with him. By this time the poor Rookie even has a hard on dreaming of how he is going to take down this Mafia led gambling ring. What the poor kid doesn't know is the game is hosted by the local loan shark (every town needs one of these BTW) and the players range from the Mayor, a couple local bussiness owners, a Judge, a couple Cops and whatever crooks happen to have money enough to buy in.

The ole Narc turns to the Kid and ask him if he was to get in what was he going to charge them with. The Kid replies Gambling of course. Starting to wonder if the ole Narc has smoked to much shit. The Narc wants to know what laws did they break? There is no law against gambling in a private place. He then tells the Rook to get the hell out of his office and go look up the statue on Texas gambling laws.

As the Rook leaves with his tail between his legs his momment of glory turned to shit. The ole Narc turns to his buddies and tells them he'll be back. Sure enough 45 minutes later the Rookie returns with the Texas Penal code in his right hand.

He said look it's right here in Title 10, Chapter 47 of the Texas Penal Code.

§ 47.02. GAMBLING. (a) A person commits an offense if he:

1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;

(2) makes a bet on the result of any political
nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or

(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.

He then re-reads #3. We got them dead to right he exclaims.

The ole Narc tells him that he is so full of crap his eyes are brown. As the Rookie pushes his lower lip out pouting, he ask what are you talking about?

The Narc took the Penal code from him and read the next line.

(b) It is a defense to prosecution under this section that:

(1) the actor engaged in gambling in a private place;

(2) no person received any economic benefit other than personal winnings; and

(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.

And goes on to tell the Rookie even if you could prove there was a rake what would the penalty for such a serious offense be?

The Kid spouts something under the RICO act I'm sure!

With a laugh He reads:

(d) An offense under this section is a Class C misdemeanor.

So you want to use the Special Crimes Unit, risk at least $200 buy in for something as that carries the same punishment as running a stop sign, speeding or any other traffic offense.

That's not going to happen.

Now If you are Hosting the game and there is enough evidence that you are taking a rake things change. You are now promoting gambling.

That Statue reads like this:

§ 47.03. GAMBLING PROMOTION.

(a) A person commits an offense if he intentionally or knowingly does any of the following acts:

(1) operates or participates in the earnings of a
gambling place;

(2) engages in bookmaking;(
(3) for gain, becomes a custodian of anything of value bet or offered to be bet;

(4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or

(5) for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.

(b) An offense under this section is a Class A misdemeanor.

As you can see there is no defense to prosecution in this statue.

Gambling is just like having a Party. If the Cops don't get a bunch of complaints from neighbors. Parents aren't calling the station complaining because little Johnny lost all the money he earned cutting Mrs. Johnsons grass last summer and people aren't ending up in the ER with bodily injuries they are not going to bother your game. Just run a clean fair game and be happy with a full table don't try and run a 3 table Trn from your residence.

[TexasKowboy]

I had forgotten about writing that little piece.