Definition of gambling: "A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome." NY Penal Law § 225.00.
§ 225.10 Promoting gambling in the first degree
A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:
- Engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars; or
- Receiving, in connection with a lottery or policy scheme or enterprise, (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than five hundred dollars in any one day of money played in such scheme or enterprise.
Promoting gambling in the first degree is a class E felony.
§ 225.05 Promoting gambling in the second degree
A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.
Promoting gambling in the second degree is a class A misdemeanor.