⚖ Violation Reference
Promoting Gambling in the 2nd Degree
NY Penal Law § 225.05 · Quality of Life
Legal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Overview
Running or participating in an unlawful gambling enterprise — card games, dice, three-card monte, or numbers operations. Playing in a game (as opposed to running it) may be charged as a violation or Disorderly Conduct rather than a misdemeanor.
Fine Range
Up to $1,000 (Class A Misdemeanor)
Surcharge
$175
How to Contest
- Appear in Criminal Court on return date
- Distinguish participation from operation — different charges
- For a player charge: request ACD
- Challenge: was it truly gambling, or a casual game?
Common Defenses
- Social gambling exception (NY PL § 225.00(2))
- No monetary stakes
- Casual game, not unlawful enterprise
- ACD eligible for first-time players
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →