Tennessee § 39-17-502 - Gambling — Defenses.

§ 39-17-502. Gambling — Defenses.

A person commits an offense who knowingly engages in gambling. It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that a person reasonably and in good faith relied upon the representations of a gambling promoter that a gambling activity was lawful because it was an authorized annual event pursuant to title 3, chapter 17. It is not an affirmative defense to prosecution under this section that a person engaged in a gambling activity that was not an authorized type of lottery game pursuant to title 3, chapter 17. The offense of gambling is a Class C misdemeanor. Acts 1989, ch. 591, § 1; 2004, ch. 476, § 3. Compiler's Notes. Acts 2004, ch. 350, § 13 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act. Cross-References. Betting on election — Penalty, § 2-19-129 . Fantasy Sports Act, title 47, ch. 18, part 16. Gambling contracts void, § 29-19-101 . Horse racing, title 4, ch. 36. Penalty for Class C misdemeanor, § 40-35-111 . Prosecution for gaming to be commenced within six months, § 40-2-102 . Prosecutor not required for indictment, § 40-13-104 . Recovery of gambling losses, § 28-3-106 . Suspension, removal and discharge from office, § 39-16-406 . Winner may not recover, § 29-19-102 . Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Gaming, Gambling and Gambling Contracts, §§ 3, 4, 10. Law Reviews. Jail Fees and Court Costs for the Indigent Criminal Defendant: An Examination of the Tennessee Procedure, 35 Tenn. L. Rev. 74 (1968). Attorney General Opinions. Fund raising by “rubber duck races” at which valuable prizes are offered, OAG 97-025 (3/19/97). Prohibitions on intranet gambling, OAG 98-0173 (8/28/98). Advertisements promoting lawful, out-of-state casino gambling, OAG 99-030 (2/18/99). Fishing tournaments where fees paid for chance to win cash or prizes, OAG 99-084 (4/5/99). Fantasy sports contests constitute illegal gambling under Tennessee law. OAG 16-13, 2016 Tenn. AG LEXIS 13 (4/5/2016).