In 1991, large scale gambling was authorized in Black Hawk, Central City, and Cripple Creek. Many Coloradans and visitors alike travel to these destinations to play familiar casino table games and slots. However, the laws applicable to gambling in Colorado are not always intuitive. Casinos cultivate an ambiance which makes guests feel that the customer is always right, but at the end of the day, the house always wins.
“Fraud and Theft”
Under CRS 12-47.1-823, it is illegal to collect anything of value without having made a wager on it. This law has been used to prosecute hundreds and hundreds of people in the past few years for offenses like playing $2 left over in a slot machine, or even picking up money or a chip off the casino floor. Under this law, playing abandoned credits or picking up a nickel off the floor inside a casino would be a class 1 misdemeanor. Technically speaking, anything abandoned in the casino belongs to the house. So, if you find complimentary play credits in a slot, keep moving, because playing that credit would be a violation of law, and not unlikely to result in a prosecution.
Fake IDs and Forgery
Another statute, CRS 18-5-102, makes it a felony to present a false ID. This has most commonly been used by those under 21 years old to gain entrance to a casino, where they can enjoy alcoholic drinks and an adult environment. Presenting, or “uttering,” a false government issued ID has also been prosecuted vigorously by Colorado casinos in recent years.
Social Play Excepted
Operating a gambling enterprise without license is a serious offense, but what about “social gambling,” like a poker game among friends, betting on a game of bridge, or the like? Such activity is specifically protected under C.R.S. 18-10-102(2)(d), Colorado’s social gambling exception. Among friends, gambling for the purpose of building relationships rather than building capital is okay. The law defines games incidental to a bona fide social relationship and not for the purpose of professional gambling as allowed.
Advantage Play and Trespass
For a very small minority of players, it is sometimes possible to gain an advantage over the house by keeping track of cards that have already been played, identifying tiny tell-tales on the cards themselves (sometimes called “edge sorting”), or even locating advantageous plays on slot machines that accumulate large prizes. Just as a powerball lottery may sometimes become advantageous for the person who has the means to buy voluminous tickets, a well seasoned player with cash backing can eek out an edge over his host.
In such cases, players may find themselves “trespassed” by the casino. As private clubs, casinos can trespass individuals for any reason or no reason whatsoever (except they cannot trespass someone for an unlawful reason, such as race, sex, etc.) Casinos are quickest to use this power against those who threaten to beat the house. As is the law in Las Vegas, casinos have broad authority to trespass players for this reason, for any duration, in their sole discretion.
In Trouble After a Casino Visit?
If you received a citation after potentially running afoul of one of the situations described above, it is to your advantage to mount a vigorous defense to explore all avenues to obtain the best possible outcome in a potential criminal case. Contact Law Office of Walker Fults today to see how we can help you.
