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  • Writer's pictureBrandon Hicks

Understanding Indiana Law: Illegal Gambling and Legal Notice Requirements IC 35-45-5-4.5


In the realm of gambling laws in Indiana, it's crucial to comprehend the intricacies of legislation such as IC 35-45-5-4.5. This section pertains to the notice of illegal gambling sent to operators by prosecuting attorneys. This legislation outlines the steps, responsibilities, and potential consequences for operators involved in illegal gambling activities within the state.


Notice Requirements

According to IC 35-45-5-4.5, prosecuting attorneys are empowered to issue written notices to operators engaged in illegal gambling activities. The notice must contain specific elements:

  1. Specification of Illegal Activity: It explicitly identifies the nature of the illegal gambling activity.

  2. Timeframe for Action: The operator is given a maximum of thirty (30) days from the receipt of the notice to eliminate the illegal gambling activity.

  3. Consequences of Non-Compliance: Failure to address the illegal gambling within the stipulated timeframe may lead to the filing of criminal charges against the operator.

Compliance and Service

The manner of service of this notice must align with specific rules outlined in the Indiana Rules of Trial Procedure:

  1. Service Methods: The notice can be served through compliant methods specified in Rule 4.1, 4.4, 4.6, or 4.7 of the Indiana Rules of Trial Procedure.

  2. Publication Option: If attempts to serve the notice via the aforementioned methods fail despite diligent search efforts, publication in compliance with Rule 4.13 becomes an alternative for service.


Legal Implications

Receiving a notice under IC 35-45-5-4.5 carries significant legal weight:

  1. Admissibility in Court: Notices served under this section are admissible as evidence in criminal proceedings related to illegal gambling.

  2. Establishing Knowledge: Such notices serve as prima facie evidence that the operator had knowledge of the illegal gambling occurring on their Internet platform.

Extraterritorial Implications

Even individuals outside Indiana transmitting information on a computer network and broadcasting information in Indiana can fall under the jurisdiction of Indiana courts for prosecution under this section if they are aware or should be aware that their actions involve illegal gambling.


Conclusion

The implications of IC 35-45-5-4.5 are substantial, outlining stringent requirements for operators involved in illegal gambling activities within Indiana. Prosecuting attorneys wield the authority to issue notices, setting clear expectations and timelines for operators to rectify the situation. Understanding and adhering to these legal parameters are crucial to avoiding potential criminal charges and legal ramifications.

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