Penal Law § 225.75

Possession of unlawful gaming property in the second degree · as in force on May 31, 2026

§ 225.75 Possession of unlawful gaming property in the second degree.

A person is guilty of possession of unlawful gaming property in the second degree when:

1. He or she makes, sells, or possesses with intent to sell, any unlawful gaming property at a casino gaming facility, the value of which exceeds three hundred dollars, with intent that it be made available to a person for unlawful use; or

2. He or she commits possession of unlawful gaming property in the third degree as defined in section 225.70 of this article, and the face value of the improper substitute property exceeds five hundred dollars; or

3. He or she commits the offense of possession of unlawful gaming property in the third degree and has been previously convicted within the preceding five years of any offense of which an essential element is possession of unlawful gaming property.

Possession of unlawful gaming property in the second degree is a class E felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/225.75

In plain English

A person commits second-degree possession of unlawful gaming property by:

(1) making, selling, or possessing with intent to sell property worth over $300 at a casino facility, intending unlawful use;
(2) committing third-degree possession under § 225.70 when improper substitute property has a face value over $500; or
(3) committing third-degree possession after a qualifying possession conviction within the preceding 5 years. ★

The offense is a class E felony.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.