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In Minnesota, GAMBLING is a closely regulated activity. If you are charged with either a gross misdemeanor and/or felony gambling, it is in your best interest to discuss your case with a lawyer. Here at Aberrant Law, we are prepared to help you through understanding Minnesota’s gambling and lottery laws, and figuring out what your next steps are.


According to MN Statute 609.755, whoever engages in the following is guilty of a misdemeanor:

  • makes a bet—defined as a “bargain whereby the parties mutually agree to a gain or loss by one to the other of specified money, property or benefit dependent upon chance although the chance is accompanied by some element of skill,”
  • sells or transfers a chance to participate in a lottery,
  • disseminates information about a lottery, except a lottery conducted by an adjoining state, with intent to encourage participation therein,
  • permits a structure or location owned or occupied by the actor or under the actor’s control to be used as a gambling place, or
  • except where authorized by statute, possesses a gambling device.

Gross misdemeanor

According to MN Statute 609.76, whoever does any of the following may be sentenced to imprisonment for no more than 1 year and/or to payment of a fine of no more than $3,000:

  • maintains or operates a gambling place or operates a bucket shop,
  • intentionally participates in the income of a gambling place or bucket shop,
  • conducts a lottery, or, with intent to conduct a lottery, possesses facilities for doing so,
  • sets up for use for the purpose of gambling, or collects the proceeds of, any gambling device or bucket shop,
  • except as provided in section 299L.07, manufactures, sells, offers for sale, or otherwise provides, in whole or any part thereof, any gambling device including those defined in section 349.30, subdivision 2,
  • with intent that it be so used, manufactures, sells, or offers for sale any facility for conducting a lottery, except as provided by section 299L.07,
  • receives, records, or forwards bets or offers to bet or, with intent to receive, record, or forward bets or offers to bet, possesses facilities to do so, or
  • cheats in a game and does not hold a license related to gambling or is an employee of the licensee.


Additionally, MN Statute 609.76 states that whoever engages in any of the following is guilty of a felony:

  • Whoever engages in sports bookmaking,
  • Whoever cheats in a game and holds a license related to gambling or is an employee of the licensee or is a repeat offender,
  • Whoever uses or possesses a probability-calculating or outcome-affecting device at an authorized gambling establishment is guilty of a felony,
  • Whoever uses, or possesses with intent to use, a key or other instrument for the purpose of opening, entering, and affecting the operation of any game or gambling device or for removing money, chips, tokens, or other contents from therein,
  • Whoever intentionally uses counterfeit chips or tokens to play a game at an authorized gambling establishment as defined in section 609.75, subdivision 5, designed to be played with or operated by chips or tokens,
  • Whoever manufactures, sells, distributes, or otherwise provides cards, chips, tokens, dice, or other equipment or devices intended to be used to violate this section, or intentionally marks, alters, or otherwise modifies lawful associated equipment or gambling devices, or
  • Whoever instructs another person to violate the provisions of this section, with the intent that the information or knowledge conveyed be used to violate this section.

What should I do?

Contact us at 651-364-1508 to see how we can help with your case.

Frequently Asked Question

  • Minnesota law makes it a crime to operate a motor vehicle and they define the term motor vehicle as “every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. the term includes motorboats in operation and off-road recreation vehicles, but does not include a vehicle moved solely by human power. So your ATV’s, electric scooters and bikes, boats, jetskis, and yes, even your tractors, are fair game.