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PARRIS N. GLENDENING, Governor
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Ch. 26
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"Organization" § 12-101
"Person" § 1-101
"Token" § 12-101
12-109. PREARRANGEMENT OR PREDETERMINATION OF HORSE RACE RESULTS.
(A) PROHIBITED.
A PERSON MAY NOT WILLFULLY, KNOWINGLY, AND UNLAWFULLY CAUSE OR
ATTEMPT TO CAUSE THE PREARRANGEMENT OR PREDETERMINATION OF THE
RESULTS OF A HORSE RACE.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $5,000 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 240A.
Defined term: "Person" § 1-101
12-110. RECOVERY OF GAMBLING LOSS.
(A) IN GENERAL.
A PERSON WHO LOSES MONEY AT A GAMING DEVICE THAT IS PROHIBITED BY
THIS SUBTITLE, SUBTITLE 2 OF THIS TITLE, OR TITLE 13 OF THIS ARTICLE:
(1) MAY RECOVER THE MONEY AS IF IT WERE A COMMON DEBT; AND
(2) IS A COMPETENT WITNESS TO PROVE THE LOSS.
(B) LIMITATION.
NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION, A PERSON MAY NOT
RECOVER MONEY OR ANY OTHER THING THAT THE PERSON WON BY BETTING AT A
GAMING DEVICE PROHIBITED BY THIS SUBTITLE, SUBTITLE 2 OF THIS TITLE, OR
TITLE 13 OF THIS ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 243.
In subsections (a) and (b) of this section, the references to a gaming device
that is "prohibited by this subtitle, Subtitle 2 of this title, or Title 13 of this
article" are added for clarity and to make explicit that civil recovery of a
gambling loss is allowed under this section only when the gambling that
produced the loss was illegal. See Bender v. Arundel Arena, Inc., 248 Md.
181, 236 A.2d 7 (1967).
In subsection (a) of this section, the defined term "gaming device" is
substituted for the former term "gaming table". See § 12-101(c) of this
subtitle.
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- 795 -
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