ENROLLED
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ACT No. 233
Regular Session, 2014
HOUSE BILL NO. 293
BY REPRESENTATIVES ADAMS AND LOPINTO
AN ACT1
To enact R.S. 14:90.7, relative to gambling; to create the crime of gambling by electronic2
sweepstakes device; to provide for definitions; to provide for criminal penalties; to3
provide for applicability; to provide for exceptions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:90.7 is hereby enacted to read as follows: 7
ยง90.7. Gambling by electronic sweepstakes device8
A. The Louisiana Legislature finds that in recent years various companies9
have developed electronic machines and devices to enable gambling through10
pretextual sweepstakes relationships with Internet services, telephone cards, and11
other products, and that such electronic sweepstakes systems using electronic12
gambling machines, computer terminals, and other means of presented simulated13
gambling, are contrary to the public policy of this state.14
B. Gambling by electronic sweepstakes device is the intentional conducting15
of, or directly assisting in the conducting of, as a business any game, contest, lottery,16
or contrivance whereby a person risks the loss of anything of value in order to realize17
a profit, through the operation of an electronic gaming machine or device that does18
or purports to do either of the following:19
(1) Conduct a sweepstakes through the use of a simulated gambling device,20
including the entry process or the revealing of a prize.21
(2) Promote a sweepstakes that is conducted through the use of a simulated22
gambling device, including the entry process or the revealing of a prize.23
C. For the purposes of this Section, the following definitions shall apply:24 ENROLLEDHB NO. 293
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(1) "Electronic gaming machine or device" means a mechanically,1
electrically, or electronically-operated machine or device that is intended to be used2
by a sweepstakes entrant and that displays the results of a game entry or game3
outcome to a participant on a screen or other mechanism at a business location,4
including a private club, that is owned, leased, or otherwise possessed, in whole or5
in part, by any person conducting the sweepstakes or by that person's partners,6
affiliates, subsidiaries, agents, or contractors. The term includes an electronic7
gaming machine or device which includes any of the following characteristics:8
(a) Uses a simulated game terminal as a representation of the prizes9
associated with the results of the sweepstakes entries.10
(b) Uses software that simulates a game that influences or determines the11
winning or value of the prize.12
(c) Selects prizes from a predetermined finite pool of entries.13
(d) Uses a mechanism that reveals the content of a predetermined14
sweepstakes entry.15
(e) Predetermines the prize results and restores those results for delivery at16
the time the sweepstakes entry is revealed.17
(f) Uses software to create a game result.18
(g) Requires a deposit of any money, coin or token, or the use of any credit19
card, debit card, prepaid card, or other method of payment to activate the electronic20
gaming machine or device.21
(h) Requires direct payment into the electronic gaming machine or device22
or remote activation of the electronic gaming machine or device.23
(i) Requires purchase of a related product and the related product has24
legitimate value.25
(j) Reveals the prize incrementally even though it may not influence whether26
a prize is awarded or the value of any prize awarded.27
(k) Determines and associates the prize with an entry or entries at the time28
the sweepstakes is entered.29 ENROLLEDHB NO. 293
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(2) "Enter" or "entry" means the act or process by which a person becomes1
eligible to receive any prize offered in a sweepstakes.2
(3) "Prize" means any gift, award, gratuity, good, service, credit, or anything3
else of value which may be transferred to a person whether or not possession of the4
prize is actually transferred or placed on an account or other record as evidence of5
the intent to transfer the prize. "Prize" shall not include free or additional play or6
intangible or virtual prizes that cannot be converted into money or merchandise.7
(4) "Simulated gambling device" means a mechanically or electronically8
operated machine, network, system, or device that is intended to be used by an9
entrant to a game promotion or sweepstakes and that displays a simulated gambling10
display on a screen or other mechanism at a business location, including a private11
club, that is owned, leased, or otherwise possessed, in whole or in part, by any person12
conducting the game or by that person's partners, affiliates, subsidiaries, agents, or13
contractors. The term shall include, but is not limited to:14
(a) A video poker game or any other kind of video card game.15
(b) A video bingo game.16
(c) A video craps game.17
(d) A video keno game.18
(e) A video lotto game.19
(f) Eight liner.20
(g) Pot-of-gold.21
(h) A video game based on or involving the random or chance matching of22
different pictures, words, numbers, or symbols.23
(i) A personal computer of any size or configuration that performs any of the24
functions of an electronic gaming machine or device as defined in this Section.25
(j) A slot machine.26
(5) "Sweepstakes" means any game, advertising scheme, plan, or other27
promotion that, with or without payment of any consideration, a person may enter28
to win or become eligible to receive any prize.29 ENROLLEDHB NO. 293
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D. Whoever commits the crime of gambling by electronic sweepstakes1
device shall be fined not more than twenty thousand dollars, imprisoned with or2
without hard labor for not more than five years, or both.3
E. The conducting or assisting in the conducting of gaming activities or4
operations upon a riverboat, at the official gaming establishment, by operating an5
electronic video draw poker device, by a charitable gaming licensee, or at a6
pari-mutuel wagering facility, conducting slot machine gaming at an eligible horse7
racing facility, or the operation of a state lottery which is licensed for operation and8
regulated under the provisions of Chapters 4 and 11 of Title 4, Chapters 4, 5, 7, and9
8 of Title 27, or Subtitle XI of Title 47 of the Louisiana Revised Statutes of 1950,10
shall not be considered gambling by electronic sweepstakes device for the purposes11
of this Section, provided that the wagering is done on the premises of the licensed12
establishment.13
F. The conducting or assisting in the conducting of pari-mutuel wagering at14
licensed racing facilities under the provisions of Chapter 4 of Title 4 of the Louisiana15
Revised Statutes of 1950 shall not be considered gambling by electronic sweepstakes16
device for the purposes of this Section provided that the wagering is done on the17
premises of the licensed establishment.18
G. Nothing in this Section shall prohibit, limit, or otherwise restrict the19
purchase, sale, exchange, or other transaction related to stocks, bonds, futures,20
options, commodities, or other similar instruments or transactions occurring on a21
stock or commodities exchange, brokerage house, or similar entity.22
H. Nothing in this Section shall limit or alter in any way the application of23
the requirements for sweepstakes, contests, prizes, and similar activities under the24
provisions of Chapter 19-A of Title 51 of the Louisiana Revised Statutes of 1950.25
I. The providing of Internet or other on-line access, transmission, routing,26
storage, or other communication-related services, or website design, development,27
storage, maintenance, billing, advertising, hypertext linking, transaction processing,28
or other site-related services, by telephone companies, Internet service providers,29
software developers, licensors, or other such parties providing such services to30 ENROLLEDHB NO. 293
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customers in the normal course of business, shall not be considered gambling by1
electronic sweepstakes device even though the activities of such customers using2
such services to conduct a prohibited game, contest, lottery, or contrivance may3
constitute gambling by computer for the purposes of this Section. The provisions of4
this Subsection shall not exempt from criminal prosecution any software developer,5
licensor, or other such party if its primary purpose in providing such service is to6
support the conduct of gambling as a business.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: