Online gambling is illegal in the state of Maine.
Maine defines gambling as risking something of value upon the outcome of a future event or chance under the agreement that something else of value will be received in the event of a certain outcome. Any gambling not expressly authorized by state statute is considered illegal in the state of Maine. Online gambling falls into the unauthorized category.
Illegal Gambling
The state of Maine prohibits the participation in unlawful gambling. A person is guilty of unlawful gambling if he intentionally or knowingly advances or earns a profit from unlawful gambling activity. A person convicted of unlawful gambling must forfeit all income earned from the illegal activity to the state. He also is subject to possible incarceration and fines.
Gambling Devices
A person may not possess gambling records in Maine. A person possesses a gambling record if he knowingly has any writing, paper, instrument or article that he intends to use for the purpose of an unlawful gambling activity. For the purpose of online gambling, this might include any printouts from the game.
Maine law also prohibits the possession of gambling devices. The state defines a gambling device as any machine, paraphernalia or equipment used to participate in a gambling activity excluding lottery tickets. Possessing a gambling device includes the manufacture, sale, transport or physical possession of a device. A person also possesses a device if he negotiates a transaction for the exchange of a device. This has direct implications for online gambling.
Out of State Gambling
The state of Maine also criminalizes participation in illegal gambling activities that take place outside the state. All people within the state are subject to Maine law. Accordingly, if a person within the state participates in a gambling activity that is illegal under Maine law, the state can prosecute the person for illegal gambling. The fact that the activity was outside of the state or legal within the state in which it took place is not a defense to prosecution. This particular prohibition allows the state to prosecute individuals who participate in online gambling activities that originate outside of the state.
Tags: unlawful gambling, gambling activity, state Maine, outside state, within state, activities that