Z-1049.1  _______________________________________________

                         SENATE BILL 6146

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Prentice, Winsley, Gardner and Oke; by request of Gambling Commission

Read first time 01/10/2000.  Referred to Committee on Commerce, Trade, Housing & Financial Institutions.

Revising the penalties for cheating at gambling.

    AN ACT Relating to cheating at gambling; amending RCW 9.46.196; adding new sections to chapter 9.46 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 9.46.196 and 1991 c 261 s 8 are each amended to read as follows:

    ((No person participating in a gambling activity shall in the course of such participation, directly or indirectly)) "Cheating" as used in this chapter means to:

    (1) Employ or attempt to employ any device, scheme, or artifice to defraud any other participant or any operator;

    (2) Engage in any act, practice, or course of operation as would operate as a fraud or deceit upon any other participant or any operator;

    (3) Engage in any act, practice, or course of operation while participating in a gambling activity with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or

    (4) Cause, aid, abet, or conspire with another person to cause any other person to violate subsections (1) through (3) of this section.

    ((Any person violating this section shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.))

NEW SECTION. Sec. 2.  A new section is added to chapter 9.46 RCW to read as follows:

    (1) A person is guilty of cheating in the first degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in cheating and:

    (a) While engaging in cheating, acts in concert with or conspires with five or more people; or

    (b) Is licensed by the state of Washington to conduct, manage, or act as an employee in any authorized gambling activity and engages in cheating upon any premises.

    (2) Cheating in the first degree is a class B felony subject to the penalty set forth in RCW 9A.20.021.

NEW SECTION. Sec. 3.  A new section is added to chapter 9.46 RCW to read as follows:

    (1) A person is guilty of cheating in the second degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in cheating and, while engaging in cheating, acts in concert with or conspires with less than five people.

    (2) Cheating in the second degree is a class C felony subject to the penalty set forth in RCW 9A.20.021.

NEW SECTION. Sec. 4.  A new section is added to chapter 9.46 RCW to read as follows:

    (1) A person is guilty of cheating in the third degree if he or she engages in cheating and his or her conduct does not constitute cheating in the first or second degree.

    (2) Cheating in the third degree is a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.

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