The state accuses the defendant of having committed the offense of gambling promotion.

Relevant Statutes

A person commits the offense of gambling promotion if the person intentionally or knowingly operates or participates in the earnings of a gambling place.

Definitions

Intentionally Operate a Gambling Place

“Intentionally operate a gambling place” means to operate a gambling place with the conscious objective or desire to operate the place and with awareness that the place is a gambling place.

Knowingly Operate a Gambling Place

“Knowingly operate a gambling place” means to operate a gambling place with awareness that one is operating the place and that the place is a gambling place.

Intentionally Participating in the Earnings of a Gambling Place

“Intentionally participating in the earnings of a gambling place” means to participate in the earnings of a gambling place with the conscious objective or desire to so participate in the earnings and with awareness that the place is a gambling place.

Knowingly Participating in the Earnings of a Gambling Place

“Knowingly participating in the earnings of a gambling place” means to participate in the earnings of a gambling place with awareness that one is participating in the earnings and that the place is a gambling place.

Gambling Place

“Gambling place” means 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.

Bookmaking

“Bookmaking” means—

1. to receive and record or to forward more than five bets or offers to bet in a period of twenty-four hours;
2. to receive and record or to forward bets or offers to bet totaling more than $1,000 in a period of twenty-four hours; or
3. a scheme by three or more persons to receive, record, or forward a bet or an offer to bet.

Thing of Value

“Thing of value” means any benefit, but does not include an unrecorded and immediate right of replay not exchangeable for value.

Bet

“Bet” means an agreement to win or lose something of value solely or partially by chance.

[Include the following if raised by the evidence.]

A bet does not include—

1. contracts of indemnity or guaranty or life, health, property, or accident insurance;
2. an offer of a prize, award, or compensation to the actual contestants in a bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in a contest; or
3. an offer of merchandise, with a value not greater than $25, made by the proprietor of a bona fide carnival contest conducted at a carnival sponsored by a nonprofit religious, fraternal, school, law enforcement, youth, agricultural, or civic group, including any nonprofit agricultural or civic group incorporated by the state before 1955, if the person to receive the merchandise from the proprietor is the person who performs the carnival contest.

Lottery

“Lottery” means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win anything of value, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or some other name.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], [operated/participated in the earnings of] a gambling place [insert specific allegations, e.g., a building one of the uses of which was the playing of eight liner gambling devices]; and
2. the defendant did this intentionally or knowingly.

You must all agree on elements 1 and 2 above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of the elements listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the two elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]