The Texas Keeping a Gambling Place law gives police the right to arrest you if they believe you allowed gambling to happen on any property you own or control.
FAQs about the
Keeping a Gambling Place law in Texas
- What is the current Texas law about Keeping a Gambling Place?
- What are the other gambling laws?
- How can I be charged with a Keeping a Gambling Place offense in Texas?
- What is the statute of limitation for Keeping a Gambling Place in Texas?
- What is the penalty for a Texas Keeping a Gambling Place offense?
- Can you get probation for Keeping a Gambling Place in Texas?
- What level of crime is Keeping a Gambling Place in Texas?
Keeping a Gambling Place is one of the Texas law criminalizing gambling activities. This particular law applies to landlords and anyone else who might own or have control over real estate, buildings, boats and other properties that might be used for gambling purposes. Learn more about other gambling laws here.
Have you been charged with Keeping a Gambling Place? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature codified this criminal offense in Texas Penal Code Section 47.04. The law was not updated in 2023. In fact, this law has not been amended since 1993.
The Penal Code classifies the Texas Keeping a Gambling Place law under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 47 “Gambling.” Learn more about the Texas offense of Keeping a Gambling Place below.
What is the current Texas law about Keeping a Gambling Place?
The current Texas law defines the offense of Keeping a Gambling Place in Penal Code Section §47.04 as follows:[1]
(a) A person commits an offense if he 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.
“Gambling place” is defined in the same Penal Code chapter to mean “any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices.”[2]
There is an important legal defense available in subsection (b), that: “(1) the gambling occurred in a private place; (2) no person received any economic benefit other than personal winnings; and (3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.”
You should be aware, however, that just because there is a legal defense available doesn’t mean you won’t get arrested. You would have to put forth evidence of this defense at a trial in order for it to help you. And this can be difficult evidence to obtain. For instance, how would you show that the risks of losing and the chances of winning were the same for all participants?
What are the other gambling laws?
The Keeping a Gambling Place law is only one of the crimes related to gambling in Texas.
Other criminal offenses in Texas related to gambling include:
- PC 47.02 – Gambling
- PC 47.03 – Gambling Promotion
- PC 47.05 – Communicating Gambling Information
- PC 47.06 – Possession of Gambling Device, Equipment, or Paraphernalia
How can I be charged with a Keeping a Gambling Place offense in Texas?
You can be charged with Keeping a Gambling Place in Texas if the state’s attorneys believe that each of the elements of 47.04(a) as described in the section above have been met.
What is the statute of limitation for Keeping a Gambling Place in Texas?
As a misdemeanor, Keeping a Gambling Place charges have a two-year limitations period.[3]
What is the penalty for a Texas Keeping a Gambling Place offense?
A conviction for Keeping a Gambling Place in Texas is punished as a Class A misdemeanor,[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Keeping a Gambling Place in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Keeping a Gambling Place, and judges are also allowed to accept deferred adjudication plea deals.[5]
Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[6]
What level of crime is Keeping a Gambling Place in Texas?
The Penal Code classifies Keeping a Gambling Place as a Class A misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §47.04. This law is current as of the 88th Legislature Regular Session.^2. Texas Penal Code § 47.01(3)^3. See Code of Criminal Procedure 12.02(a)^4. Texas Penal Code §47.04(c)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.054(b), Texas Code of Criminal Procedure
