| Real
Casinos> 2007
- Real Casinos News Archive>
Washington State Eases Up On Players?
With little fanfare, Washington legislators
have given online gamblers an "affirmative defence"
Online gambling industry observers were surprised, but still welcomed
a move by Washington State legislators last week to introduce some
sense into the state's draconian anti-online gambling laws, which
made online gambling a felony with the sort of punitive measures
normally reserved for serious crimes.
In essence, the state's Bill 1243 says that online gambling in
the privacy of one's own residence for recreation and not for organised
profit is a legitimate defence to felony charges under the main
act which prohibits the pastime.
The good news does not extend to online operators of gambling or
gambling information sites however, who are regarded as profiting
and promoting online gambling - an interesting contradiction where
the activity is allowed, but the promotion and provision of the
pastime is apparently not!
Introduced mid-January this year by Representatives Strow, Kirby,
Upthegrove, B. Sullivan, Simpson and Appleton, the Bill sailed through
the House on a 62 vs 36 majority and went on to pass with 45 Yeas
and only 2 Nays in the Senate.
The new act provides an affirmative defence to unlawful internet
gambling if the defendant committed the offense in his or her
primary residence, thus amending RCW 9.46.240.
The original act makes it a felony to: "Whoever knowingly
transmits or receives gambling information by telephone, telegraph,
radio, semaphore, the internet, a telecommunications transmission
system, or similar means, or knowingly installs or maintains equipment
for the transmission or receipt of gambling information shall be
guilty of a class C felony subject to the penalty set forth in RCW
9A.20.021."
In terms of the amendment, it is an "....affirmative defense,
which the defendant must prove by a preponderance of the evidence,
that the defendant transmitted or received the gambling information
over the internet, or that the defendant installed or maintained
equipment for the transmission or receipt of gambling information
over the internet, in his or her primary residence for recreational
purposes. For purposes of this subsection, "recreational purposes"
means for the defendant's own enjoyment and not as part of an
enterprise that derives income from operating an internet web site
that transmits or receives gambling information."
|
