Quote:
Originally Posted by tamiller866
I cited it, and it was specifically defined for non lawyers, in the Oregon gambling statutes you links me to yesterday. Unlawful - not specifically authorized by law.
Statutes can define words however they want. A statute can define green as red. The definition wouldn't apply outside of the said statute.
This is why it is always very important to read the definitions section when you are looking at statutes.
Furthermore, the statute defines "unlawful" that way, but just defining unlawful as that does not make anything not specifically authorized by statute illegal. the statute still has to say:
Quote:
Originally Posted by Oregon Statute
167.109 Internet gambling.
(1) A person engaged in an Internet gambling business may not knowingly accept, in connection with the participation of another person in unlawful gambling using the Internet:
(a) Credit, or the proceeds of credit, extended to or on behalf of such other person, including credit extended through the use of a credit card;
(b) An electronic funds transfer or funds transmitted by or through a money transmission business, or the proceeds of an electronic funds transfer or money transmission service, from or on behalf of the other person;
(c) Any check, draft or similar instrument that is drawn by or on behalf of the other person and is drawn on or payable at or through any financial institution; or
(d) The proceeds of any other form of financial transaction that involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the other person.
(2) Violation of subsection (1) of this section is a Class C felony.
So the statute defines unlawful as anything not specifically authorized by law and then it says that an internet gambling business may accepting money, etc. etc. in connection with the participation of another person in unlawful gambling using the Internet.
So it defines what unlawful means and then specifically states that unlawful gambling is illegal.
If all it did was say that unlawful means not specifically authorized by law, then nothing would happen. It then has to also say that unlawful something (in this case gambling) is illegal.
BTW the statute also has a specific definition for gambling:
Quote:
(7) "Gambling" means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. "Gambling" does not include
(a) Bona fide business transactions valid under the law of contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health or accident insurance.
(b) Engaging in contests of chance under the following conditions:
(A) The contest is played for some token other than money;
(B) An individual contestant may not purchase more than $100 worth of tokens for use in the contest during any 24-hour period;
(C) The tokens may be exchanged only for property other than money;
(D) Except when the tokens are exchanged for a beverage or merchandise to be consumed on the premises, the tokens are not redeemable on the premises where the contest is conducted or within 50 miles thereof; and
(E) Except for charitable, fraternal or religious organizations, no person who conducts the contest as owner, agent or employee profits in any manner from operation of the contest.
(c) Social games.
(d) Bingo, lotto or raffle games or Monte Carlo events operated in compliance with ORS 167.118, by a charitable, fraternal or religious organization licensed pursuant to ORS 167.118, 464.250 to 464.380 and 464.420 to 464.530 to operate such games
Last edited by Lego05; 01-05-2012 at 11:49 AM.