Despite other factors that would serve to make unauthorized gambling (including online) illegal in the State of New Jersey, the state will get a big pass for being one of only a few to have licensed and regulated Internet gambling within the State. The law in that regard allows for all types of games provided the operator is itself a licensed casino within the state, or alternatively, is closely connected to one. Again, the full gamut of casino games is legal on these sites, if they choose to have them, so this is about as close to the land-based experience as one is likely to get.
New Jersey is another state in which someone losing by way of an unauthorized form of gambling can theoretically sue and recover damages by instituting such a lawsuit within six months. In the event that the person does not pursue this remedy, an individual who was a witness to the illegal gambling and payment (within six months after the expiration of the loser’s six month statute of limitations) can himself sue the winner in an attempt to recover the money illegally won.
Again, this would seem to mean that an individual could sue an operator of an online casino who is not operating in a licensed way in the state. However, enforcing the actual collection remains quite unlikely.
According to 2C:37-2c in the statute, it is a defense to the crime of, ‘Promoting Gambling,’ that the individual in question was acting as a mere player. Of course, the person has to be able to prove same.
For those of you who wish to look up New Jersey gambling laws, there is a wide range of penalties for unlawful operators which generally increases based on the scope of the operation. Of course, these laws are in place, presumably, to protect the licensed and regulated forms of gambling within the state from competition that does not answer to the NJ regulatory authorities.
Just earlier this year, forty-six individuals were busted in an illegal bookmaking operation and arrested.
Two year ago, twenty-nine individuals were arrested for the same thing.
There is also this story of three individuals arrested for, ‘Promoting Gambling,’ last year, though the article does not specify what the specific form of gambling was.
However, the article does mention that there is no penalty for mere players in the State of New Jersey pursuant to the statute making acting as a player only a defense from any such charges.
In conclusion, what one should take away from New Jersey is it is NOT a state in which one wants to operate any unlawful form of wagering as they are very serious about investigating such individuals and bringing criminal charges against them. On the other hand, New Jersey does have legalized and regulated online gambling sites operated by its land casinos, and furthermore, players are perfectly free to do whatever they want (provided they are acting only as players) including playing at non-regulated sites.
Therefore, from the standpoint of a mere player, New Jersey has no restrictions.
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