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Wisconsin Statutory Elements and Consequences

Chapter 945 Gambling

The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.

Table of contents

 

§ 945.03(1m)(a) Commercial gambling: operating a gambling place for gain

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally participated in the earnings of a gambling place or operated or permitted the operation of a gambling place for gain.

Elements of the Offense

  1. Location: The place involved was a gambling place.
  2. Intentional Act: The defendant must intentionally engage in one or more of the following actions:
    • Participates in the Earnings: The defendant participates in the earnings of a gambling place.
    • Operates or Permits the Operation: The defendant operates or permits the operation of a gambling place for gain.

Jury Instruction

Wis JI-Criminal 1601

 

§ 945.03(1m)(b) Commercial gambling: receiving a bet for gain

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally, for gain, received, recorded, or forwarded a bet or offer to bet, or, with intent to receive, record, or forward a bet or offer to bet, possessed facilities to do so.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally engage in one or more of the following actions:
  2. Receives, Records, or Forwards a Bet for Gain: The defendant must, for gain, receive, record, or forward a bet or offer to bet.
  3. Possesses Facilities to Receive, Record, or Forward a Bet with Intent: The defendant must possess facilities to receive, record, or forward a bet or offer to bet with the intent to use those facilities for that purpose.

Jury Instruction

Wis JI-Criminal 1602

 

§ 945.03(1m)(e) Commercial gambling: setting up or collecting the proceeds of a gambling machine

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally set up a gambling machine for use with the purpose of gambling or collected the proceeds from any gambling machine.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally engage in one or more of the following actions:
  2. Sets Up for Use for the Purpose of Gambling: The defendant sets up a gambling machine for use with the purpose of gambling.
  3. Collects the Proceeds of Any Gambling Machine: The defendant collects the proceeds of any gambling machine.

Jury Instruction

Wis JI-Criminal 1605

 

§ 945.03(1m)(g) Commercial gambling: using wire communication to place a bet

Summary

To be guilty of this offense, the prosecution must prove that the defendant for gain, intentionally used a wire communication facility for the transmission or receipt of information assisting in the placing of a bet or offer to bet on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of a bet or offer to bet.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally use a wire communication facility for one of the following purposes:
    • Transmission or receipt of information assisting in the placing of a bet or offer to bet on any sporting event or contest.
    • Transmission of a wire communication which entitles the recipient to receive money or credit as a result of a bet or offer to bet.
  2. For Gain: The defendant must act for gain.

Jury Instruction

Wis JI-Criminal 1607

 

§ 945.04(1) Permitting real estate to be used as a gambling place

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally permitted any real estate owned, occupied, or controlled by them to be used as a gambling place.

Elements of the Offense

  1. Premises Used for Gambling: The defendant permits any real estate owned, occupied, or controlled by them to be used as a gambling place.
  2. Intentional Act: The defendant must act intentionally.

Jury Instruction

Wis JI-Criminal 1610

 

Updated January 2025

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