New Jersey weighs making underage gambling no longer a crime, but subject to a fine

Should underage gambling no longer be a crime?

New Jersey lawmakers are considering changing the law to make gambling by people under the age of 21 no longer punishable under criminal law, making it subject to a fine.

It also would impose fines on anyone helping an underage person gamble in New Jersey.

The bill changes the penalties for underage gambling from that of a disorderly persons offense to a civil offense. Fines would be $500 for a first offense, $1,000 for a second offense, and $2,000 for any subsequent offenses.

The money would be used for prevention, education, and treatment programs for compulsive gambling, such as those provided by the Council on Compulsive Gambling of New Jersey.

“The concern I had initially was about reducing the severity of the punishment,” said Assemblyman Don Guardian, a Republican former mayor of Atlantic City. “But the fact that all the money will go to problem gambling treatment programs changed my mind.”

Figures on underage gambling cases were not immediately available Thursday. But numerous people involved in gambling treatment and recovery say a growing number of young people are becoming involved in gambling, particularly sports betting as the activity spreads around the country.

The bill was approved by an Assembly committee and now goes to the full Assembly for a vote. It must pass both houses of the Legislature before going to the desk of the state’s Democratic governor, Phil Murphy.

The council said recently that it conditionally supports the bill but has concerns about it.

Luis Del Orbe, the council’s acting executive director, said he is glad it will provide funding for gambling treatment and education programs. But he said fines alone are not enough without mandating education about problem gambling. He asked that such a requirement be added to the bill.

“When a young person is ‘fined,’ who actually pays the fine?” he asked.

In a statement submitted to the Assembly panel, the council said, “More and more of New Jersey citizens need help due to the ongoing expansion of gambling opportunities, and it is anticipated that the demand will only continue to grow. There is also an urgent need for expanded education and awareness about the harms that can come of gambling, particularly with respect to youth.”