Paxton, 111721 TXAGO, AGO RQ-0441-KP

Docket NºAGO RQ-0441-KP
Case DateNovember 17, 2021
CourtTexas
The Honorable Ken Paxton
AGO RQ-0441-KP
No. RQ-0441-KP
Texas Attorney General Opinion
November 17, 2021
         The Honorable Ken Paxton          Office of the Attorney General          ATTN: Opinion Committee          PO Box 12548          Austin, Texas 78711-2548          Re: Request for an opinion regarding what constitutes an economic benefit under Sec. 47.02(b)(2) of the Penal Code, assuming the players are betting for money or other things of value and all games are part of a private event          Dear Attorney General Paxton:          I am respectfully requesting your opinion on the following question:          Question:          What constitutes an economic benefit under Sec. 47.02(b)(2) of the Penal Code, assuming the players are betting for money or other things of value and all games are part of a private event?          Background:          Section 47.02 of the Penal Code reads as follows:
(a) A person commits an offense if he:
(1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;
(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling 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.
(c) It is a defense to prosecution under this section that the actor reasonably believed that the conduct:
(1) was permitted under Chapter 2001, Occupations Code;
(2) was permitted under Chapter 2002, Occupations Code;
(3) was permitted under Chapter
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT