Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 4-33-10
     Chapter 10. Crimes and Penalties

IC 4-33-10-1
Class A misdemeanor
    
Sec. 1. A person who knowingly or intentionally:
        (1) makes a false statement on an application submitted under this article;
        (2) operates a gambling operation or a cruise in which wagering is conducted or is to be conducted in a manner other than the manner required under this article;
        (3) permits a person less than twenty-one (21) years of age to make a wager;
        (4) aids, induces, or causes a person less than twenty-one (21) years of age who is not an employee of the riverboat gambling operation to enter or attempt to enter a riverboat;
        (5) wagers or accepts a wager at a location other than a riverboat; or
        (6) makes a false statement on an application submitted to the commission under this article;
commits a Class A misdemeanor.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.192-2002(ss), SEC.19; P.L.158-2013, SEC.69.

IC 4-33-10-1.5
Class C infractions
    
Sec. 1.5. (a) A person who:
        (1) is not an employee of the riverboat gambling operation;
        (2) is less than twenty-one (21) years of age; and
        (3) enters a riverboat;
commits a Class C infraction.
    (b) A person who:
        (1) is not an employee of the riverboat gambling operation;
        (2) is less than twenty-one (21) years of age; and
        (3) attempts to enter a riverboat;
commits a Class C infraction.
As added by P.L.158-2013, SEC.70.

IC 4-33-10-2 Version a
Class D felonies
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 2. A person who knowingly or intentionally does any of the following commits a Class D felony:
        (1) Offers, promises, or gives anything of value or benefit:
            (A) to a person who is connected with the owner or operating agent of a riverboat, including an officer or an employee of a riverboat owner, an operating agent, or a holder of an occupational license; and
            (B) under an agreement to influence or with the intent to

influence:
                (i) the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a gambling game; or
                (ii) an official action of a commission member.
        (2) Solicits, accepts, or receives a promise of anything of value or benefit:
            (A) while the person is connected with a riverboat, including an officer or employee of a licensed owner, an operating agent, or a holder of an occupational license; and
            (B) under an agreement to influence or with the intent to influence:
                (i) the actions of the person to affect or attempt to affect the outcome of a gambling game; or
                (ii) an official action of a commission member.
        (3) Uses or possesses with the intent to use a device to assist in:
            (A) projecting the outcome of the game;
            (B) keeping track of the cards played;
            (C) analyzing the probability of the occurrence of an event relating to the gambling game; or
            (D) analyzing the strategy for playing or betting to be used in the game, except as permitted by the commission.
        (4) Cheats at a gambling game.
        (5) Manufactures, sells, or distributes any cards, chips, dice, game, or device that is intended to be used to violate this article.
        (6) Alters or misrepresents the outcome of a gambling game on which wagers have been made after the outcome is made sure but before the outcome is revealed to the players.
        (7) Places a bet on the outcome of a gambling game after acquiring knowledge that:
            (A) is not available to all players; and
            (B) concerns the outcome of the gambling game that is the subject of the bet.
        (8) Aids a person in acquiring the knowledge described in subdivision (7) for the purpose of placing a bet contingent on the outcome of a gambling game.
        (9) Claims, collects, takes, or attempts to claim, collect, or take money or anything of value in or from a gambling game:
            (A) with the intent to defraud; or
            (B) without having made a wager contingent on winning a gambling game.
        (10) Claims, collects, or takes an amount of money or thing of value of greater value than the amount won in a gambling game.
        (11) Uses or possesses counterfeit chips or tokens in or for use in a gambling game.
        (12) Possesses a key or device designed for:
            (A) opening, entering, or affecting the operation of a gambling game, drop box, or an electronic or a mechanical device connected with the gambling game; or
            (B) removing coins, tokens, chips, or other contents of a

gambling game.
        This subdivision does not apply to a licensee or an operating agent or an employee of a licensee or an operating agent acting in the course of the employee's employment.
        (13) Possesses materials used to manufacture a slug or device intended to be used in a manner that violates this article.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995, SEC.16; P.L.2-1998, SEC.11; P.L.92-2003, SEC.45.

IC 4-33-10-2 Version b
Level 6 felonies
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 2. A person who knowingly or intentionally does any of the following commits a Level 6 felony:
        (1) Offers, promises, or gives anything of value or benefit:
            (A) to a person who is connected with the owner or operating agent of a riverboat, including an officer or an employee of a riverboat owner, an operating agent, or a holder of an occupational license; and
            (B) under an agreement to influence or with the intent to influence:
                (i) the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a gambling game; or
                (ii) an official action of a commission member.
        (2) Solicits, accepts, or receives a promise of anything of value or benefit:
            (A) while the person is connected with a riverboat, including an officer or employee of a licensed owner, an operating agent, or a holder of an occupational license; and
            (B) under an agreement to influence or with the intent to influence:
                (i) the actions of the person to affect or attempt to affect the outcome of a gambling game; or
                (ii) an official action of a commission member.
        (3) Uses or possesses with the intent to use a device to assist in:
            (A) projecting the outcome of the game;
            (B) keeping track of the cards played;
            (C) analyzing the probability of the occurrence of an event relating to the gambling game; or
            (D) analyzing the strategy for playing or betting to be used in the game, except as permitted by the commission.
        (4) Cheats at a gambling game.
        (5) Manufactures, sells, or distributes any cards, chips, dice, game, or device that is intended to be used to violate this article.
        (6) Alters or misrepresents the outcome of a gambling game on which wagers have been made after the outcome is made sure but before the outcome is revealed to the players.
        (7) Places a bet on the outcome of a gambling game after

acquiring knowledge that:
            (A) is not available to all players; and
            (B) concerns the outcome of the gambling game that is the subject of the bet.
        (8) Aids a person in acquiring the knowledge described in subdivision (7) for the purpose of placing a bet contingent on the outcome of a gambling game.
        (9) Claims, collects, takes, or attempts to claim, collect, or take money or anything of value in or from a gambling game:
            (A) with the intent to defraud; or
            (B) without having made a wager contingent on winning a gambling game.
        (10) Claims, collects, or takes an amount of money or thing of value of greater value than the amount won in a gambling game.
        (11) Uses or possesses counterfeit chips or tokens in or for use in a gambling game.
        (12) Possesses a key or device designed for:
            (A) opening, entering, or affecting the operation of a gambling game, drop box, or an electronic or a mechanical device connected with the gambling game; or
            (B) removing coins, tokens, chips, or other contents of a gambling game.
        This subdivision does not apply to a licensee or an operating agent or an employee of a licensee or an operating agent acting in the course of the employee's employment.
        (13) Possesses materials used to manufacture a slug or device intended to be used in a manner that violates this article.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995, SEC.16; P.L.2-1998, SEC.11; P.L.92-2003, SEC.45; P.L.158-2013, SEC.71.

IC 4-33-10-2.1 Version a
Licensees or persons who have an interest in a licensee; operating contract considered a license; operating agent considered a licensee
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 2.1. (a) This section applies only to contributions made after June 30, 1996.
    (b) The definitions in IC 3-5-2 apply to this section to the extent they do not conflict with the definitions in this article.
    (c) As used in this section, "candidate" refers to any of the following:
        (1) A candidate for a state office.
        (2) A candidate for a legislative office.
        (3) A candidate for a local office.
    (d) As used in this section, "committee" refers to any of the following:
        (1) A candidate's committee.
        (2) A regular party committee.
        (3) A committee organized by a legislative caucus of the house

of the general assembly.
        (4) A committee organized by a legislative caucus of the senate of the general assembly.
    (e) As used in this section, "license" means:
        (1) an owner's license issued under this article;
        (2) a supplier's license issued under this article to a supplier of gaming supplies or equipment, including electronic gaming equipment; or
        (3) an operating agent contract issued under this article.
    (f) As used in this section, "licensee" means a person who holds a license. The term includes an operating agent.
    (g) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (h) For purposes of this section, a person is considered to have an interest in a licensee if the person satisfies any of the following:
        (1) The person holds at least a one percent (1%) interest in the licensee.
        (2) The person is an officer of the licensee.
        (3) The person is an officer of a person that holds at least a one percent (1%) interest in the licensee.
        (4) The person is a political action committee of the licensee.
    (i) A licensee is considered to have made a contribution if a contribution is made by a person who has an interest in the licensee.
    (j) A licensee or a person who has an interest in a licensee may not make a contribution to a candidate or a committee during the following periods:
        (1) The term during which the licensee holds a license.
        (2) The three (3) years following the final expiration or termination of the licensee's license.
    (k) A person who knowingly or intentionally violates this section commits a Class D felony.
As added by P.L.4-1996, SEC.94. Amended by P.L.92-2003, SEC.46.

IC 4-33-10-2.1 Version b
Licensees or persons who have an interest in a licensee; operating contract considered a license; operating agent considered a licensee
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 2.1. (a) This section applies only to contributions made after June 30, 1996.
    (b) The definitions in IC 3-5-2 apply to this section to the extent they do not conflict with the definitions in this article.
    (c) As used in this section, "candidate" refers to any of the following:
        (1) A candidate for a state office.
        (2) A candidate for a legislative office.


        (3) A candidate for a local office.
    (d) As used in this section, "committee" refers to any of the following:
        (1) A candidate's committee.
        (2) A regular party committee.
        (3) A committee organized by a legislative caucus of the house of the general assembly.
        (4) A committee organized by a legislative caucus of the senate of the general assembly.
    (e) As used in this section, "license" means:
        (1) an owner's license issued under this article;
        (2) a supplier's license issued under this article to a supplier of gaming supplies or equipment, including electronic gaming equipment; or
        (3) an operating agent contract issued under this article.
    (f) As used in this section, "licensee" means a person who holds a license. The term includes an operating agent.
    (g) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (h) For purposes of this section, a person is considered to have an interest in a licensee if the person satisfies any of the following:
        (1) The person holds at least a one percent (1%) interest in the licensee.
        (2) The person is an officer of the licensee.
        (3) The person is an officer of a person that holds at least a one percent (1%) interest in the licensee.
        (4) The person is a political action committee of the licensee.
    (i) A licensee is considered to have made a contribution if a contribution is made by a person who has an interest in the licensee.
    (j) A licensee or a person who has an interest in a licensee may not make a contribution to a candidate or a committee during the following periods:
        (1) The term during which the licensee holds a license.
        (2) The three (3) years following the final expiration or termination of the licensee's license.
    (k) A person who knowingly or intentionally violates this section commits a Level 6 felony.
As added by P.L.4-1996, SEC.94. Amended by P.L.92-2003, SEC.46; P.L.158-2013, SEC.72.

IC 4-33-10-2.5 Version a
Prohibition on gifts to induce committee members on local public question
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 2.5. (a) This section applies only to property given after June

30, 1996.
    (b) The definitions in IC 3-5-2 apply to this section to the extent they do not conflict with the definitions in this article.
    (c) As used in this section, "license" means:
        (1) an owner's license issued under this article;
        (2) a supplier's license issued under this article to a supplier of gaming supplies or equipment, including electronic gaming equipment; or
        (3) an operating agent contract entered into under this article.
    (d) As used in this section, "licensee" means a person who holds a license. The term includes an operating agent.
    (e) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (f) For purposes of this section, a person is considered to have an interest in a licensee if the person satisfies any of the following:
        (1) The person holds at least a one percent (1%) interest in the licensee.
        (2) The person is an officer of the licensee.
        (3) The person is an officer of a person that holds at least a one percent (1%) interest in the licensee.
        (4) The person is a political action committee of the licensee.
    (g) A licensee or a person with an interest in a licensee may not give any property (as defined in IC 35-31.5-2-253) to a member of a precinct committee to induce the member of the precinct committee to do any act or refrain from doing any act with respect to the approval of a local public question under IC 4-33-6-19.
    (h) A person who knowingly or intentionally violates this section commits a Class D felony.
As added by P.L.24-1996, SEC.11. Amended by P.L.2-1997, SEC.14; P.L.92-2003, SEC.47; P.L.114-2012, SEC.9.

IC 4-33-10-2.5 Version b
Prohibition on gifts to induce committee members on local public question
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 2.5. (a) This section applies only to property given after June 30, 1996.
    (b) The definitions in IC 3-5-2 apply to this section to the extent they do not conflict with the definitions in this article.
    (c) As used in this section, "license" means:
        (1) an owner's license issued under this article;
        (2) a supplier's license issued under this article to a supplier of gaming supplies or equipment, including electronic gaming equipment; or
        (3) an operating agent contract entered into under this article.


    (d) As used in this section, "licensee" means a person who holds a license. The term includes an operating agent.
    (e) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (f) For purposes of this section, a person is considered to have an interest in a licensee if the person satisfies any of the following:
        (1) The person holds at least a one percent (1%) interest in the licensee.
        (2) The person is an officer of the licensee.
        (3) The person is an officer of a person that holds at least a one percent (1%) interest in the licensee.
        (4) The person is a political action committee of the licensee.
    (g) A licensee or a person with an interest in a licensee may not give any property (as defined in IC 35-31.5-2-253) to a member of a precinct committee to induce the member of the precinct committee to do any act or refrain from doing any act with respect to the approval of a local public question under IC 4-33-6-19.
    (h) A person who knowingly or intentionally violates this section commits a Level 6 felony.
As added by P.L.24-1996, SEC.11. Amended by P.L.2-1997, SEC.14; P.L.92-2003, SEC.47; P.L.114-2012, SEC.9; P.L.158-2013, SEC.73.

IC 4-33-10-3
Possession of cheating devices; presumption
    
Sec. 3. The possession of more than one (1) of the devices described in section 2(3), 2(5), 2(12), or 2(13) of this chapter creates a rebuttable presumption that the possessor intended to use the devices for cheating.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995, SEC.17.

IC 4-33-10-4
Convicted felons; entering riverboats prohibited
    
Sec. 4. A person who is convicted of a felony described in this chapter is barred for life from entering a riverboat regulated under this article.
As added by P.L.277-1993(ss), SEC.124.

IC 4-33-10-5
Venue
    
Sec. 5. An action to prosecute a crime occurring on a riverboat while the riverboat is moored at a dock or during a cruise shall be tried in the county of the dock where the riverboat was moored or the cruise was initiated.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.192-2002(ss), SEC.20.



IC 4-33-10-6
Persons prohibited from wagering
    
Sec. 6. (a) The following individuals may not wager on gambling games at a riverboat:
        (1) A member of the commission.
        (2) An employee of the commission.
        (3) The spouse of any individual listed in subdivisions (1) and (2).
    (b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
As added by P.L.221-2013, SEC.4.