WASHINGTON STATE EASES UP ON PLAYERS?

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With little fanfare, Washington legislators have given online gamblers an "affirmative defence"

Online gambling industry observers were surprised, but still welcomed a move by Washington State legislators last week to introduce some sense into the state's draconian anti-online gambling laws, which made online gambling a felony with the sort of punitive measures normally reserved for serious crimes.

In essence, the state's Bill 1243 says that online gambling in the privacy of one's own residence for recreation and not for organised profit is a legitimate defence to felony charges under the main act which prohibits the pastime.

The good news does not extend to online operators of gambling or gambling information sites however, who are regarded as profiting and promoting online gambling - an interesting contradiction where the activity is allowed, but the promotion and provision of the pastime is apparently not!

Introduced mid-January this year by Representatives Strow, Kirby, Upthegrove, B. Sullivan, Simpson and Appleton, the Bill sailed through the House on a 62 vs 36 majority and went on to pass with 45 Yeas and only 2 Nays in the Senate.

The new act provides an affirmative defence to unlawful internet gambling if the defendant committed the offense in his or her primary residence, thus amending RCW 9.46.240.

The original act makes it a felony to: "Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, the internet, a telecommunications transmission system, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021."

In terms of the amendment, it is an "....affirmative defense, which the defendant must prove by a preponderance of the evidence, that the defendant transmitted or received the gambling information over the internet, or that the defendant installed or maintained equipment for the transmission or receipt of gambling information over the internet, in his or her primary residence for recreational purposes. For purposes of this subsection, "recreational purposes" means for the defendant's own enjoyment and not as part of an
enterprise that derives income from operating an internet web site that transmits or receives gambling information."