HRS 0712-1220 ANNOTATIONS

This section provides definitions of terms used repeatedly in this Part of Chapter 712, a discussion of the definitions is incorporated in the Commentary on the substantive sections employing the defined terms.

Act 201, Session Laws 1973, made several changes to the definitions as previously contained in the Proposed Draft of the Code. In Item (1), the phrase "acting other than as a player" was deleted, so that any person, including a player, advances gambling activity if the person engages in conduct that materially aids any form of gambling activity. Also, the last sentence was added, which states: "A person advances gambling activity if he plays or participates in any form of gambling activity." In Item (2) the term "bookmaking" previously was defined as "advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events." The term "unlawfully" and the phrase "as a business rather than in a casual or personal fashion" were deleted. In Item (6), "lottery" was changed from "an unlawful gambling scheme" to "a gambling scheme."

In Item (8), the Proposed Code, as well as the Code as adopted in 1972, had contained an extensive definition of the word "player" in an attempt to describe a player in a social gambling game. Act 201 deleted that definition and instead defined "player" as a person who "engages in gambling solely as a contestant or bettor." In Item (9), the phrase "other than as a player" was deleted, so that even players may "profit from gambling activity." Item (10) is a new addition stating that "social gambling" is defined in §712-1231. In Item (11) the phrase "or a privilege of playing at a game or scheme without charge" was deleted from the definition of "something of value."