2015 ORS 167.122¹
Unlawful gambling in the second degree

(1) A person commits the crime of unlawful gambling in the second degree if the person knowingly:

(a) Places a bet with a bookmaker; or

(b) Participates or engages in unlawful gambling as a player.

(2) Unlawful gambling in the second degree is a Class A misdemeanor. [1971 c.743 §264; 1997 c.867 §21]

Notes of Decisions

An indict­ment merely using the language of this sec­tion, "knowingly promote unlawful gambling," is sufficient. State v. Cannon, 17 Or App 379, 521 P2d 1326 (1974), Sup Ct review denied

It was not necessary that defendant have actual knowledge that what he did was illegal to sustain the con­vic­­tion under this sec­tion. State v. Wright, 21 Or App 659, 537 P2d 130 (1975)

Where defendant promoted bingo game sponsored by fraternal organiza­tion in which members of chapter were paid daily wage to assist, games were unlawful gambling not included in excep­tion of ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530) for games in which no per­son other than organiza­tion or player profits. State v. Johnston, 56 Or App 849, 643 P2d 666 (1982), Sup Ct review denied

A defendant's guilt requires knowledge of facts and condi­tions that make gambling unlawful, rather than mere knowledge of gambling itself. State v. Langan, 293 Or 654, 652 P2d 800 (1982)

Complaint charging defendant with promoting gambling in sec­ond de­gree was insufficient to survive demurrer when complaint merely mirrored language of statute and contained no identifying facts or acts. State v. Cooper, 78 Or App 237, 715 P2d 504 (1986)

Tavern owner's con­vic­­tion under this sec­tion was reversed where third per­son paid patron of tavern for free games won on video poker machine, tavern owner did not arrange for that purchase, and there was no evidence that tavern owner was aware that third per­son had ever pre­vi­ously paid patrons for free games. State v. Ferracini, 105 Or App 420, 805 P2d 149 (1991)

Atty. Gen. Opinions

Construing pro­vi­sions against promo­tion of social gambling, (1971) Vol 35, p 1004

Chapter 167

Atty. Gen. Opinions

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 167—Offenses Against General Welfare and Animals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors167.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano167.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.