TITLE XXXI
TRADE AND COMMERCE

Chapter 338
GAMBLING CONTRACTS

Section 338:1

    338:1 Title to Money, Etc. – No title or interest in money or any other thing can be acquired, lost, or changed by gambling, or by the payment, delivery, or transfer by any losing party. No note or security for any supposed debt growing out of a gambling transaction, or for money lent to gamble with or to pay gambling debts with, shall be valid. No such debt shall be a legal consideration for any contract or transaction, and any person may take advantage of such illegality, though a party to the transaction.

Source. GS 254:9. GL 272:9. PS 270:15. PL 384:17. RL 447:15.

Section 338:2

    338:2 Bets Void. – Except as authorized by the lottery commission, all bets and wagers upon any question where the parties have no interest in the subject except that created by the wager are void; and either party may recover any property by him or her deposited, paid, or delivered upon such wager or its loss, and repel any action brought for anything, the right or claim to which grows out of such bet or wager.

Source. RS 30:8. CS 31:6. GS 254:12. GL 272:12. PS 270:16. PL 384:18. RL 447:16. 2019, 215:2, eff. July 12, 2019.

Section 338:3

    338:3 Recovery of Property. – If any person shall receive any money or property, won by him upon any bet or wager as aforesaid, he shall be liable to the person losing it, in an action of assumpsit, trover or other form proper to recover it; and any security given for the payment of such loss shall be void.

Source. RS 30:8. CS 31:8. GS 254:13. GL 272:13. PS 270:17. PL 384:19. RL 447:17.

Section 338:4

    338:4 Contracts Deemed Bets. – Any contract or agreement for the purchase, sale, loan, payment, or use of money or property, real or personal, the terms of which are made to depend upon, or are to be varied or affected by, any uncertain event in which the parties have no interest except that created by such contract or agreement shall be deemed a bet or wager.

Source. RS 30:7. CS 31:7. GS 254:14. GL 272:14. PS 270:18. PL 384:20. RL 447:18.

Section 338:5

    338:5 Fantasy Sports Contests Exempt. – This chapter shall not apply to fantasy sports contests. For purposes of this chapter, the term "fantasy sports contest" means a fantasy or simulated game or contest, with or without an entry fee, in which one or more players compete against each other and winning outcomes reflect the relative knowledge and skill of the players and are determined predominantly by accumulated statistical results of the performance of individuals, including athletes in the case of sporting events.

Source. 2017, 247:2, eff. July 18, 2017.