Keeping a Gambling Place

Chapter 47 of the Texas Penal Code defines gambling related offenses.

“Keeping a Gambling Place”, as per § 47.04 of the Texas Penal Code, occurs when a person knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.

It is an affirmative defense to prosecution under this section that:

the gambling occurred in a private place;
no person received any economic benefit other than personal winnings; and
except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.

An offense under this section is a Class A misdemeanor.

Punishment Range

Misdemeanor A

Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement

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