Is Gambling a Felony in Texas?

When it comes to gambling laws in Texas, there’s often a lot of confusion about what constitutes a crime and how serious the charges can be. While some forms of gambling, like playing poker with friends at home, may seem harmless enough, the reality is that certain gambling activities can lead to felony charges with severe consequences.

As criminal defense attorneys who have handled numerous gambling cases at both the state and federal level in Texas, we know firsthand how high-stakes these charges can be. In this blog post, we’ll break down the specific gambling laws in Texas, explain what kinds of activities can lead to felony charges, and discuss the potential penalties you could be facing.

Texas Gambling Laws

Under Tex. Pen. Code § 47.02, the state defines gambling as placing bets on the outcomes of games, contests, political events, elections, or playing and wagering money or valuables on any game involving cards, dice, balls, or other gambling devices.

Exceptions

As you can see, Texas prohibits most forms of gambling, with a few exceptions, such as

• Playing for non-monetary value using certain devices under Section 47.01(4)(B).
• Charitable bingo under the Bingo Enabling Act.
• Playing the lottery under the State Lottery Act.
• Horse racing activities under the Texas Racing Act.
• Social gambling on professional sports teams.
• Gambling on ocean-going vessels entering Texas ports.
• Participating in a charitable raffle under the Enabling Act.
• Participation in Parks and Wildlife Department drawings for recreational events.
• Private gambling with no economic benefit and equal chances of winning (except for skill or luck).
• State prosecutors consider gaming outside these exceptions illegal, leading to criminal charges ranging from misdemeanors to felonies.

When Gambling Offenses Become Felonies in Texas

Several factors can elevate a minor gambling offense to a more serious felony charge in Texas.

The following offenses are Class A misdemeanors but can be enhanced to a state jail felony if the accused has a prior gambling conviction.

Gambling Promotion (Tex. Pen. Code § 47.03)

Involves intentionally or knowingly operating or participating in the earnings of a gambling place.

Keeping a Gambling Place (Texas Penal Code § 47.04)

Intentionally or knowingly using or permitting another to use property owned or under the accused’s control for gambling purposes.

Communicating Gambling Information (Texas Penal Code § 47.05)

Intentionally or knowingly communicating information about a bet, gambling activity, or gambling device to another person.

Possession of Gambling Devices or Equipment (Texas Penal Code § 47.06)

Possessing gambling devices or equipment with the intent to further gambling is a crime in Texas.

Aggravating Factors in Gambling Felonies

Texas felony gambling offenses are not all the same.

The presence of certain aggravating factors can significantly impact the severity of the charges and the potential penalties faced by the accused.

Engaging in organized criminal activity (Texas Penal Code § 71.02)

Participating in organized gambling activities as part of a criminal enterprise may result in felony charges under the state’s Racketeer Influenced and Corrupt Organizations (RICO) Act. These felony offenses are serious, and those convicted may face life imprisonment and fines up to $1 million or twice the amount of the illegal proceeds.

Involving minors in gambling activities (Texas Penal Code § 43.24)

Engaging in gambling promotion with a minor under 18 years old can result in a third-degree felony charge, which carries more severe penalties than a state jail felony.

Online Gambling and Money Laundering

As technology advances, online gambling has become increasingly popular.

However, it’s important to note that online gambling is generally illegal in Texas, and participating in internet-based gambling activities can lead to felony charges under Texas Penal Code § 47.05.

Money laundering felonies

In some cases, gambling offenses may be accompanied by money laundering charges, particularly if the state suspects the accused used gambling proceeds to conceal the origin of illegally obtained funds.

Money laundering is a serious felony in Texas, punishable by lengthy prison sentences and substantial fines.

Consequences of Felony Gambling Convictions

Texas felony gambling convictions have severe consequences, both in terms of criminal penalties and long-lasting effects on your life.

Criminal Penalties

As mentioned earlier, prosecutors can upgrade gambling offenses to a state jail felony, punishable by 180 days to 2 years in a state jail and a fine of up to $10,000.

More weighty convictions fall under third-degree felony penalties, punishable by 2 to 10 years imprisonment and a fine of up to $10,000 for each count.

Finally, organized crime or RICO gambling activity is a first-degree felony offense, punishable by 5 to 99 years imprisonment and a fine of up to $10,000 for each count.

Career Impacts

A felony gambling conviction often jeopardizes professional licenses and makes it challenging to find employment in certain fields, such as finance, education, or healthcare.

Asset Confiscation

The state may seize money or property derived from illegal gambling activities, as well as any equipment or devices used in the commission of the offense.

Potential Defenses to Gambling Felony Charges

If you find yourself facing felony gambling accusations in Texas, there may be defenses available, depending on the circumstances of your case.

Lack of Knowledge or Intent

Being unaware that the activity you were participating in was illegal gambling or not intending to engage in gambling are sometimes viable defenses.

Participation in Social Gambling

Private, social gambling among friends or family members on sporting events or other activities may be a defense to gambling charges, provided no one receives an economic benefit other than personal winnings.

Gambling in Private Places

Gambling in a private place (such as a person’s home) may be a defense to certain gambling charges as long as the activity does not constitute a public nuisance or violate other laws.

Gambling Addiction and Criminal Defense

Gambling addiction can also play a significant role in criminal defenses involving gambling accusations.
First off, if you’re struggling with a gambling addiction, we recommend that you seek help from a qualified mental health professional. Treatment options may include counseling, support groups, and medication-assisted therapy.

The state sometimes considers gambling addiction as a mitigating factor when bringing charges, particularly if the accused has sought treatment and demonstrated a commitment to recovery.

However, it’s important to note that gambling addiction is not a guaranteed defense. The specific circumstances of each case will determine the most appropriate legal strategy to assert.

Legal Assistance for Felony Gambling Accusations

It’s in your best interest to retain an experienced gambling defense lawyer as soon as possible when facing gambling felony accusations in Texas.

Look for an attorney who fully understands Texas gambling laws and has a record of successful outcomes in defending clients against felony charges.

When choosing a gambling felony defense attorney, consider factors such as:

• Experience
• Reputation
• Communication skills

You want a professional who will take the time to listen to your concerns, explain your legal options, and develop a defense strategy that maximizes your chances of a favorable outcome.

Don’t Gamble with Your Future – Get the Legal Defense You Need Now

Gambling may seem like a harmless pastime, but in Texas, it can quickly escalate into felony offenses with life-altering consequences.

Know the state’s gambling laws and the potential felony charges associated with illegal gambling activities to make better decisions and avoid putting yourself at risk.

Don’t let a gambling mistake define your life.

Contact Whalen Law Office to schedule a consultation if you’re facing gambling felony charges in Texas. Let our knowledgeable criminal defense lawyers listen to your story, answer your questions, and build a strong defense on your behalf.

Protect your rights and freedom by calling us today.