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- 83rd Session (2025)
Senate Bill No. 256–Senator Nguyen
Joint Sponsor: Assemblymember Miller
CHAPTER..........
AN ACT relating to gaming; requiring the disgorgement of any
profit, gain, gross receipt or other benefit related to certain
illegal gaming activities; increasing a penalty; a nd providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits: (1) a person from engaging in certain activities relating
to gaming without procuring a state gaming license; (2) a person from engaging in
a fraudulent act or otherwise manipulating or cheating at a gambling game; and (3)
a person from accepting, receiving or allowing certain other persons to accept or
receive certain wagers through any medium of communication from another person
physically present within this State. (NRS 463.160, 465.070, 465.092) Sections 1-3
of this bill require, in addition to any existing penalty, a person to disgorge any
profit, gain, gross receipt or other benefit resulting from certain illegal gaming
activities and pay that amount to the State Treasurer for deposit in the State General
Fund. Section 3 also increases the penalty for accepting, receiving or allowing
certain persons to accept or receive certain wagers under certain circumstances
from a misdemeanor to a gross misdemeanor.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of
a person for a violation of, an attempt to violate, or a conspiracy to
violate any of the provisions of this chapter or of chapter 463B, 464
or 465 of NRS may act as an immediate revocation of all licenses
which have been issued to the violator, and, in addition, the court
may, upon application of the district attorney of the county or of the
Commission, order that no new or additional license under this
chapter be issued to the violator, or be issued to any person for the
room or premises in which the violation occurred, for 1 year after
the date of the revocation.
2. A person who willfully fails to report, pay or truthfully
account for and pay over any license fee or tax imposed by the
provisions of this chapter, or willfully attempts in any manner to
evade or defeat any such license fee, tax or payment thereof is guilty
of a category C felony and shall be punished as provided in
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- 83rd Session (2025)
NRS 193.130. In addition to any other penalty, the court shall order
the person to pay restitution.
3. Except as otherwise provided in subsection 4, a person who
willfully violates, attempts to violate, or conspires to violate any of
the provisions of subsection 1 of NRS 463.160 is guilty of a
category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a
maximum term of not more than 10 years, by a fine of not more than
$50,000, or by both fine and imprisonment. The court shall also
order any profits, gain, gross receipts or other benefit from the
violation to be disgorged and paid to the State Treasurer for
deposit in the State General Fund.
4. A licensee who puts additional games or slot machines into
play or displays additional games or slot machines in a public area
without first obtaining all required licenses and approval is subject
only to the penalties provided i n NRS 463.270 and 463.310 and in
any applicable ordinance of the county, city or town.
5. A person who willfully violates any provision of a
regulation adopted pursuant to NRS 463.125 is guilty of a category
C felony and shall be punished as provided in NRS 193.130.
6. The violation of any of the provisions of this chapter, the
penalty for which is not specifically fixed in this chapter, is a gross
misdemeanor.
Sec. 2. NRS 465.088 is hereby amended to read as follows:
465.088 1. A person who violates any provision of NRS
465.070 to 465.086, inclusive:
(a) For the first offense, is guilty of a category C felony and
shall be punished as provided in NRS 193.130. The court shall also
order any profits, gain, gross receip ts or other benefit from the
violation to be disgorged and paid to the State Treasurer for
deposit in the State General Fund.
(b) For a second or subsequent violation of any of these
provisions, is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years, and may
be further punished by a fine of not more than $10,000. The court
shall also order any profits, gain, gross receipts or other ben efit
from the violation to be disgorged and paid to the State Treasurer
for deposit in the State General Fund.
2. A person who attempts, or two or more persons who
conspire, to violate any provision of NRS 465.070 to 465.086,
inclusive, each is guilty of a category C felony and shall be punished
by imposing the penalty provided in subsection 1 for the completed
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crime, whether or not he or she personally played any gambling
game or used any prohibited device.
Sec. 3. NRS 465.092 is hereby amended to read as follows:
465.092 1. Except as otherwise provided in NRS 465.094, a
person, alone or with others, shall not knowingly, within or outside
of this state:
(a) Accept or receive, directly or indirectly, through any medium
of communication a wager from another person who is physically
present within this state; or
(b) Allow a lessee, agent or employee to accept or receive,
directly or indirectly, through any medium of communication a
wager from another person who is physica lly present within this
state.
2. If a person engages in conduct in violation of subsection 1
and the person is outside of this state at the time of the offense:
(a) The offense shall be deemed to commence outside of this
state;
(b) The offense shall b e deemed to be consummated within this
state; and
(c) The person may be prosecuted within this state pursuant to
the provisions of NRS 171.015.
3. A person who violates the provisions of this section is guilty
of a gross misdemeanor [.] and the court shall order any profits,
gain, gross receipts or other benefit from the violation to be
disgorged and paid to the State Treasurer fo r deposit in the State
General Fund.
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