1. (1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

2. (2) An actor commits gambling fraud if the actor:

   1. (a) participates in gambling or fringe gambling;
   2. (b) wins or acquires gambling proceeds for the actor or another individual; and
   3. (c) knows the actor has a lesser risk of losing or greater chance of winning than one or more of the other participants, and the risk is not known to all the other participants.

3. (3) A violation of Subsection (2) is:

   1. (a) a second degree felony if the value of what the actor wins or acquires for the actor or another individual is or exceeds $5,000;
   2. (b) a third degree felony if the value of what the actor wins or acquires for the actor or another individual is or exceeds $1,500 but is less than $5,000;
   3. (c) a class A misdemeanor if the value of what the actor wins or acquires for the actor or another individual is or exceeds $500 but is less than $1,500; or
   4. (d) a class B misdemeanor if the value of what the actor wins or acquires for the actor or another individual is less than $500.

Renumbered and Amended by Chapter 173, 2025 General Session