A Closer Look at the Pennsylvania Prohibition Bills

24 March 1998

Take a peek at the language offered in the two internet gambling prohibition bills offered in Pennsylvania this week. The first (HB 2271) was introduced by Rep. Tom Gannon, Chairman of the House Judiciary Committee which will hear the bills. There are 27 other cosponsors listed on the bill. The other is HB 2438, drafted by the well-known gambling critic, Rep. Paul Clymer.

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

Session of 1998

No. 2271

INTRODUCED RY GANNON, WOGAN, E. Z. TAYLOR, CLARK, GRUPPO, MASLAND, MICOZZIE, MCNAUGHTON, SEMMEL, HENNESSEY, GEIST, STERN, SAYLOR, SCHRODER, WAUGH, BAKER, MAHER, ROSS, LEDERER, PIPPY, CORDNER, MELIO, M. COHEN, COLARELLA, BATTISTO, GIGLIOTTI, MILLER AND TRUE, FEBRUAR

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 25, 1998

AN ACT

Amending Title 18 (Crimes and offenses) of the Pennsylvania Consolidated Statutes, prohibiting on-line gambling.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

  • Section I. Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:
    5513-1. On-line gambling
    a) Offense defined.-Notwithstanding any other provision of law, a person commits a summary offense if he participates in on-line gambling over the internet or through an interactive computer service, excepting those practices authorized under the act of August 26, 1971 (P.L. 351, No. 91), know as the State Lottery Law. (b) Definitions. As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Interactive computer service." Any interactive information service, system or access software provider that provides or enables computer access by multiple users to a computer server.

"Internet." The international computer network of both Federal and non-Federal interoperable packet switched data networks.

"On-line gambling." The making, placing or receipt via computer of any bet or wager of money or other thing of value, made in exchange for a chance to win a prize, stake or other consideration or thing of value dependent upon the result of any game, contest or any other event, the outcome of which is uncertain or a matter of chance, whether such game, contest of event occurs or is to occur inside or outside the limits of this Commonwealth.

Section 2. This act shall take effect in 60 days.

House Bill 2438
Introduced by Rep. Paul Clymer

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated statutes, providing for the offense of gambling by computer.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:

5514.1. Gambling by computer.

    a) Offense defined.-Whoever, being engaged in the business of betting or wagering, uses a computer or other communication facility for the transmission or receipt of bets or wagers commits a misdemeanor of the first degree when the person placing the bet or wager, the computer receiving the bet or wager or any communication facility used in transmitting the bet or wager is located in this Commonwealth.

    b) Confiscation of computer.-Any computer or communication facility possessed or used by a person engaged in the business of betting or wagering in violation of the provisions of subsection (a) shall be seized and forfeited to the Commonwealth in a manner identical to seizure pursuant to section 5513 (relating to gambling devices, gambling, etc.).

    c) Definitions.-The following words and phrases when used in this section shall have the meanings given to them in this section unless the context clearly indicates otherwise:

    "Bet or wager." The staking or risking, by any person, of something of value upon the outcome of a contest of any nature or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome. This includes the purchase of a chance or opportunity to win a lottery or other prize.

    "Communication facility." Any and all instrumentalities, personnel and services used or useful in the transmission of writings, signs, pictures and sounds of all kinds by aid of wire, cable or other like connection between the points of origin and reception of such transmission possessed or used by a person engaged in the business of betting or wagering.

    "Computer." Includes an electronic, magnetic, optical or other high-speed data processing device or system performing logical, arithmetic and storage functions and includes any property, data storage facility or communications facility directly related to or operating in conjunction with such device or system.

    "Engaged in the business of betting or wagering." Engaging in any activity prohibited by section 5513 (relating to gambling devices, gambling, etc.). The term includes, but is not limited to the design , development, management, supervision, maintenance or production of any computer services, computer system, computer network, computer software or providing a Home Page, Web Site or any other product accessing the Internet, World Wide Web or any part thereof offering to any client, for the primary purpose of conducting a business, any game, contest, lottery or contrivance whereby a person may make bets or wagers.

    "Internet." The global information system that is logically linked together by a globally unique address space based on the Internet Protocol or its subsequent extensions, is able to support communications using the Transmission Control Protocol, Internet Protocol suite or its subsequent extensions and other Internet Protocol compatible protocols, and provides, uses or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described herein.



    d) Concurrent jurisdiction to prosecute.-The Attorney General shall have the concurrent prosecutorial jurisdiction with the district attorney for cases arising under this section , and may refer to the district attorney, with the district attorney's consent, any violation or alleged violation of this section which may come to the Attorney General's attention.

    e) Applicability.-This section shall not apply to any activity conducted pursuant to the act of December 17, 1981 (P.L. 435, No. 135), known as the Race Horse Industry Reform Act, or the act of August 26, 1971 (P.L. 351, No. 91), known as the State Lottery Law. Section 2. This act shall take effect in 60 days.