The surprising gambling offense
A.J. Werling had just turned 21 years old when he visited a casino with friends in Black Hawk, Colorado, but he departed with a criminal record that haunted him for years.
"It's been a nightmare," he told FOX31 Denver in 2017. "I'm not a criminal. It's ridiculous. It's 76 cents."
So, what was the crime? Werling says he put $20 into a slot machine, unaware the previous player had left in 76 cents. Security approached, and Werling says he was accused of trying to steal the pocket change.
At the time of the interview, it had been 13 years since the offense, and he explained that he continued to face obstacles finding a job or housing.
"I have to disclose why I have a gambling theft conviction on my record," he said.
Court records obtained by FOX 31 Denver show Werling was convicted of fraud, fined nearly $500 and forced to perform 24 hours community service. The local broadcaster also reported there had been hundreds of similar cases recorded in the state.
Now, while this happened in Colorado, states where gambling is legal may have similar laws regarding this type of activity. It's important to know the rules before you visit a casino. And keep in mind there may be consequences from the establishment itself.
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Explore better ratesStaying in Vegas
Las Vegas is the U.S. city most closely associated with gambling, and in Nevada, there are actually two laws that could make cashing out a machine a crime.
Nevada Revised Statute, section 205.0832(d), defines the offense of theft to include coming "into control of lost, mislaid or misdelivered property of another person" and taking the property without making reasonable efforts to notify the original owner.
In addition, Nevada Revised Statute, section 465.070, criminalizes the act of taking money from a slot machine when you didn't make a wager. The relevant statute says it's unlawful to "claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won."
The laws not only make it illegal to try to cash out slot machines with a remaining balance but may also apply to abandoned slot tickets. Those still belong to the people who put their money into the machine.
Cash-out tickets typically expire after 180 days, according to the Las Vegas Review-Journal, after which the state collects 75% of the balance while the remainder goes to the casino. In 2023, a record $25.8 million in slips went unclaimed, $19.3 million of which went to state coffers.
That being said, unless you want to risk a warrant for your arrest, money others earn but don't claim in Vegas will have to stay in Vegas.
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