   WT/DS285/R 
   Page F-1  
 
ANNEX F  
 
TEXT OF STATE LAWS THAT THE PANEL 
WILL CONSIDER IN EXAMINING ANTIGUA'S CLAIMS 
 
 
1. Colorado 
1. The text of § 18-10-103 of the Colorado Revised Statutes provides as follows: 
"(1) A person who engages in gambling commits a class 1 petty offense. (2) A person who engages in professional gambling commits a class 1 misdemeanor.  
If he is a repeating gambling offender, it is a class 5 felony." 
2. Louisiana 
2. The text of § 14:90.3 of the La. Rev. Stat. Ann. provides as follows: 
"A. The Legislature of Louisiana, desiring to protect individual rights, while at the 
same time affording opportunity for the fullest development of the individual and 
promoting the health, safety, education, and welfare of the people, including the 
children of this state who are our most precious and valuable resource, finds that the state has a compelling interest in protecting its citizens and children from certain activities and influences which can result in irreparable harm.  The legislature has 
expressed its intent to develop a contro lled well-regulated gaming industry.  The 
legislature is also charged with the responsibility of protecting and assisting its 
citizens who suffer from compulsive or pr oblem gaming behavior which can result 
from the increased availability of legali zed gaming activities.  The legislature 
recognizes the development of the Internet and the information super highway allowing communication and exchange of info rmation from all parts of the world and 
freely encourages this exchange of information and ideas.  The legislature recognizes 
and encourages the beneficial effects computers, computer programming, and use of 
the Internet resources have had on the child ren of the state of Louisiana by expanding 
their educational horizons.  The legislature further recognizes that it has an obligation 
and responsibility to protect its citizens, and in particular its youngest citizens, from 
the pervasive nature of gambling which can  occur via the Internet and the use of 
computers connected to the Internet.   Gambling has long been recognized as a crime 
in the state of Louisiana and despite the enactment of many legalized gaming 
activities remains a crime.  Gambling which occurs via the Internet embodies the very 
activity that the legislature seeks to prevent.   The legislature further recognizes that 
the state's constitution and that of the Unite d States are declarations of rights which 
the drafters intended to withstand time and address the wrongs and injustices which 
arise in future years.  The legislature here by finds and declares that it has balanced its 
interest in protecting the citizens of this st ate with the protection afforded by the First 
Amendment, and the mandates of Article XII, Section 6 of the Constitution of 
Louisiana and that this Section is a product thereof. 
B. Gambling by computer is the intentional conducting, or directly assisting in the 
conducting as a business of any game, contest, lottery, or contrivance whereby a 
person risks the loss of anything of value in order to realize a profit when accessing 
the Internet, World Wide Web, or any part thereof by way of any computer, computer system, computer network, computer software, or any server. WT/DS285/R 
Page F-2  
 
C. For purposes of this Section the following definitions apply: 
(1) "Client" means anyone using a computer to access a computer server. (2) "Computer" includes an electronic, magnetic, optical, or other high-speed data 
processing device or system performing lo gical, arithmetic, and storage functions, 
and includes any property, data storage f acility, or communications facility directly 
related to or operating in conjunction with such device or system. "Computer" shall 
not include an automated typewriter or typ esetter, a machine designed solely for word 
processing, or a portable hand-held calculato r, nor shall "computer" include any other 
device which might contain components simila r to those in computers but in which 
the components have the sole function of controlling the device for the single purpose 
for which the device is intended. 
(3) "Computer network" means a set of related, remotely connected devices and 
communication facilities including at least one computer system with capability to transmit data through communication facilities. 
(4) "Computer services" means providing access to or service or data from a 
computer, a computer system, or a computer network. 
(5) "Computer software" means a set of  computer programs, procedures, and 
associated documentation concerned with operation of a computer system. 
(6) "Computer system" means a set of func tionally related, connected or unconnected, 
computer equipment, devices, or computer software. 
(7) "Home Page" means the index or location for each computer site on the World 
Wide Web. 
(8) "Internet" means the global information system that is logically linked together by 
a globally unique address space based on th e Internet Protocol or its subsequent 
extensions, is able to support communi cations using the Transmission Control 
Protocol/Internet Protocol suite or its s ubsequent extensions, and other Internet 
Protocol compatible protocols, and provides,  uses or makes accessible, either publicly 
or privately, high level services laye red on the communications and related 
infrastructure described herein. 
(9) "Server" means a computer that listens for and services a client. (10) "World Wide Web" means a server providing connections to mega lists of 
information on the Internet;  it is made up of millions of individual web sites linked 
together. 
D. Whoever commits the crime of gambling by  computer shall be fined not more than 
five hundred dollars, or imprisoned for not more than six months, or both. 
E. Whoever designs, develops, manages, supervises, maintains, provides, or produces 
any computer services, computer system, computer network, computer software, or 
any server providing a Home Page, Web Site, or any other product accessing the 
Internet, World Wide Web, or any part ther eof offering to any client for the primary 
purpose of the conducting as a business of any game, contest, lottery, or contrivance whereby a person risks the loss of anything of  value in order to realize a profit shall    WT/DS285/R 
   Page F-3  
 
be fined not more than twenty thousand do llars, or imprisoned w ith or without hard 
labor, for not more than five years, or both. 
F. The conducting or assisting in the c onducting of gaming activities or operations 
upon a riverboat, at the official gaming establishment, by operating an electronic video draw poker device, by a charitable gaming licensee, or at a pari-mutuel 
wagering facility or the operation of a stat e lottery which is licensed for operation and 
regulated under the provisions of Chapter 4 of  Title 4, Chapters 4, 5, and 6 of Title 
27, or Part V-A of Chapter 14 of Title 33 or Subtitle XI of Title 47 of the Louisiana Revised Statutes of 1950, shall not be considered gambling by computer for the purposes of this Section, so long as the wagering is done on the premises of the 
licensed establishment. 
G. The conducting or assisting in the conducting of pari-mutuel wagering at licensed 
racing facilities under the provisions of Chapter 4 of Title 4 of the Louisiana Revised Statutes of 1950, shall not be considered gambling by computer for the purposes of this Section so long as the wagering is done on the premises of the licensed 
establishment. 
H. Nothing in this Section shall prohibit, limit, or otherwise restrict the purchase, 
sale, exchange, or other transaction rela ted to stocks, bonds, futures, options, 
commodities, or other similar instrument s or transactions occurring on a stock or 
commodities exchange, brokerage house, or similar entity. 
I. The providing of Internet or other on-lin e access, transmission, routing, storage, or 
other communication related services, or We b Site design, development, storage, 
maintenance, billing, advertising, hypert ext linking, transaction processing, or other 
site related services, by telephone compani es, Internet Service Providers, software 
developers, licensors, or other such parti es providing such services to customers in 
the normal course of their business, shall not be considered gambling by computer 
even though the activities of such cust omers using such services to conduct a 
prohibited game, contest, lottery, or c ontrivance may constitute gambling by 
computer for the purposes of this Section.  The provisions of this Subsection shall not 
exempt from criminal prosecution any telephone company, Internet Service Provider, software developer, licensor, or other such party if its primary purpose in providing such service is to conduct gambling as a business." 
3. Massachusetts 
3. The text of § 17A of chapter 271 of Mass. Ann. Laws provides as follows: 
"Whoever uses a telephone or, being the occ upant in control of premises where a 
telephone is located or a subscriber for a telephone, knowingly permits another to use 
a telephone so located or for which he subscribes, as the case may be, for the purpose 
of accepting wagers or bets, or buying or selling of pools, or for placing all or any 
portion of a wager with another, upon the resu lt of a trial or contest of skill, speed, or 
endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbe rs game, or for the purpose of reporting 
the same to a headquarters or booking office,  or who under a name other than his own 
or otherwise falsely or fictitiously proc ures telephone service for himself or another 
for such purposes, shall be punished by a fi ne of not more than two thousand dollars 
or by imprisonment for not more than one year;  provided, however, that this section shall not apply to use of telephones or other devices or means to place wagers authorized pursuant to the provisions of section 5C of chapter 128A." WT/DS285/R 
Page F-4  
 
4. Minnesota 
4. The text of § 609.75, Subdivisions 2-3 of  Minn. Stat. Ann. provides as follows: 
"Subd. 2. Bet.   A bet is a bargain whereby the parties mutua lly 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. 
Subd. 3. What are not bets.  The following are not bets: (1) A contract to insure, indemnify, guarantee or otherwise compensate another for a 
harm or loss sustained, even though the loss depends upon chance. 
(2) A contract for the purchase or sale at  a future date of securities or other 
commodities. 
(3) Offers of purses, prizes or premiums to the actual contestants in any bona fide 
contest for the determination of skill, speed, strength, endurance, or quality or to the bona fide owners of animals or othe r property entered in such a contest. 
(4) The game of bingo when conducted in compliance with secti ons 349.11 to 349.23. 
(5) A private social bet not part of or incidental to organized, commercialized, or 
systematic gambling. 
(6) The operation of equipment or the conduct of a raffle under sections 349.11 to 
349.22, by an organization licensed by the gambling control board or an organization exempt from licensing under section 349.166. 
(7) Pari-mutuel betting on horse racing when the betting is conducted under 
chapter 240. 
(8) The purchase and sale of state lottery tickets under chapter 349A." 
5. The text of § 609.755(1) of Minn. Stat. Ann. provides as follows: 
"Whoever does any of the following is guilty of a misdemeanor: 
(1) makes a bet; 
(2) sells or transfers a chance to participate in a lottery; (3) disseminates information about a lo ttery, except a lottery conducted by an 
adjoining state, with intent to encourage participation therein; 
(4) 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    WT/DS285/R 
   Page F-5  
 
(5) except where authorized by statute, possesses a gambling device. 
Clause (5) does not prohibit possession of a gambling device in a person's dwelling 
for amusement purposes in a manner that does not afford players an opportunity to 
obtain anything of value." 
5. New Jersey 
6. The text of paragraph 2 of N.J. Const. Art. 4, Sec. VII provides as follows: 
"No gambling of any kind shall be authorized by the Legislature unless the specific 
kind, restrictions and control thereof have been heretofore submitted to, and 
authorized by a majority of the votes cast by,  the people at a special election or shall 
hereafter be submitted to, and authorized by  a majority of the votes cast thereon by, 
the legally qualified voters of the State voting at a general election, except that, 
without any such submission or authorization: 
A. It shall be lawful for bona fide vetera ns, charitable, educational, religious or 
fraternal organizations, civic and service cl ubs, senior citizen associations or clubs, 
volunteer fire companies and first-aid or  rescue squads to conduct, under such 
restrictions and control as shall from time to  time be prescribed by the Legislature by 
law, games of chance of, and restricted to, the selling of rights to participate, the 
awarding of prizes, in the specific kind of game of chance sometimes known as bingo or lotto, played with cards bearing numbers or other designations, five or more in one 
line, the holder covering numbers as objects, similarly numbered, are drawn from a receptacle and the game being won by the person who first covers a previously 
designated arrangement of numbers on such a card, when the entire net proceeds of 
such games of chance are to be devoted to educational, charitable, patriotic, religious 
or public-spirited uses, and in the case of senior citizen associations or clubs to the 
support of such organizations, in any municipality, in which a majority of the qualified voters, voting thereon, at a gene ral or special election as the submission 
thereof shall be prescribed by the Legislature by law, shall authorize the conduct of 
such games of chance therein; 
B. It shall be lawful for the Legislature to authorize, by law, bona fide veterans, 
charitable, educational, religious or frate rnal organizations, civic and service clubs, 
senior citizen associations or clubs, volunteer fire companies and first-aid or rescue squads to conduct games of chance of, a nd restricted to, the selling of rights to 
participate, and the awarding of prizes, in the specific kinds of games of chance 
sometimes known as raffles, conducted by the drawing for prizes or by the allotment of prizes by chance, when the entire net pr oceeds of such games of chance are to be 
devoted to educational, charitable, patriotic , religious or public-spirited uses, and in 
the case of senior citizen associations or clubs  to the support of such organizations, in 
any municipality, in which such law shall be adopted by a majority of the qualified 
voters, voting thereon, at a general or sp ecial election as the submission thereof shall 
be prescribed by law and for the Legislatur e, from time to time, to restrict and 
control, by law, the conduct of such games of chance; 
C. It shall be lawful for the Legislature to authorize the conduct of State lotteries 
restricted to the selling of rights to participate therein and the awarding of prizes by 
drawings when the entire net proceeds of  any such lottery shall be for State 
institutions and State aid for education;  provided, however, that it shall not be 
competent for the Legislature to borrow, appropriate or use, under any pretense 
whatsoever, lottery net proceeds for the confinement, housing,  supervision or WT/DS285/R 
Page F-6  
 
treatment of, or education programs for, adult criminal offenders or juveniles 
adjudged delinquent or for the constructi on, staffing, support, maintenance or 
operation of an adult or juvenile correctional facility or institution; 
D. It shall be lawful for the Legislatur e to authorize by law the establishment and 
operation, under regulation and control by the State, of gambling houses or casinos 
within the boundaries, as heretofore established,  of the city of Atlantic City, county of 
Atlantic, and to license and tax such opera tions and equipment used in connection 
therewith.  Any law authorizing the estab lishment and operation of such gambling 
establishments shall provide for the State revenues derived therefrom to be applied 
solely for the purpose of providing funding fo r reductions in property taxes, rental, 
telephone, gas, electric, and municipal utiliti es charges of eligible senior citizens and 
disabled residents of the State, and for additional or expanded health services or benefits or transportation services or benef its to eligible senior citizens and disabled 
residents, in accordance with such formulae as the Legislatur e shall by law provide.  
The type and number of such casinos or gambling houses and of the gambling games 
which may be conducted in any such estab lishment shall be determined by or 
pursuant to the terms of the law authorizing the establishment and operation thereof; 
E. It shall be lawful for the Legislature to authorize, by law, (1) the simultaneous 
transmission by picture of running and ha rness horse races conducted at racetracks 
located within or outside of this State, or both, to gambling houses or casinos in the city of Atlantic City and (2) the specific ki nd, restrictions and control of wagering at 
those gambling establishments on the results of  those races.   The State's share of 
revenues derived therefrom shall be applie d for services to benefit eligible senior 
citizens as shall be provided by law;  and 
F. It shall be lawful for the Legislature to authorize, by la w, the specific kind, 
restrictions and control of wagering on the results of live or simulcast running and 
harness horse races conducted within or outside of this State.  The State's share of 
revenues derived therefrom shall be used for such purposes as shall be provided by 
law." 
7. The text of § 2A:40-1 of N.J. Code provides as follows: 
"All wagers, bets or stakes made to de pend upon any race or game, or upon any 
gaming by lot or chance, or upon any lot, chance, casualty or unknown or contingent 
event, shall be unlawful." 
6. New York 
8. The text of § 9 of Art. I of N.Y. Const. provides as follows: 
"1. No law shall be passed abridging the rights of the people peaceably to assemble 
and to petition the government, or any depart ment thereof;  nor shall any divorce be 
granted otherwise than by due judicial proceedings;  except as hereinafter provided, 
no lottery or the sale of lottery tickets, pool -selling, bookmaking, or any other kind of 
gambling, except lotteries operated by the state and the sale of lottery tickets in 
connection therewith as may be authorized a nd prescribed by the legislature, the net 
proceeds of which shall be applied exclusively to or in aid or support of education in 
this state as the legislature may prescribe, and except pari-mutuel betting on horse 
races as may be prescribed by the legislatur e and from which the state shall derive a 
reasonable revenue for the support of govern ment, shall hereafter be authorized or    WT/DS285/R 
   Page F-7  
 
allowed within this state;  and the legisl ature shall pass appropriate laws to prevent 
offenses against any of the provisions of this section. 
2. Notwithstanding the foregoing provisions of  this section, any city, town or village 
within the state may by an approving vote of  the majority of the qualified electors in 
such municipality voting on a proposition ther efor submitted at a general or special 
election authorize, subject to state legisla tive supervision and control, the conduct of 
one or both of the following categories of games of chance commonly known as:  (a) bingo or lotto, in which prizes are awar ded on the basis of designated numbers or 
symbols on a card conforming to numbers or symbols selected at random;  (b) games in which prizes are awarded on the basis of a winning number or numbers, color or 
colors, or symbol or symbols determined by chance from among those previously 
selected or played, whether determined as the result of the spinning of a wheel, a 
drawing or otherwise by chance.  If authorized, such games shall be subject to the following restrictions, among others which may be prescribed by the legislature:  (1) only bona fide religious, charitable or non- profit organizations of veterans, volunteer 
firefighter and similar non-profit organiza tions shall be permitted to conduct such 
games;  (2) the entire net proceeds of any game shall be exclusively devoted to the 
lawful purposes of such organizations;  (3) no person except a bona fide member of any such organization shall participate in the management or operation of such game; 
and (4) no person shall receive any remunera tion for participating in the management 
or operation of any such game.  Unless otherwise provided by law, no single prize 
shall exceed two hundred fifty dollars, nor shall any series of prizes on one occasion 
aggregate more than one thousand dollars.   The legislature shall pass appropriate 
laws to effectuate the purposes of this subdi vision, ensure that such games are rigidly 
regulated to prevent commercialized gambling,  prevent participation by criminal and 
other undesirable elements and the divers ion of funds from the purposes authorized 
hereunder and establish a method by which a municipality which has authorized such 
games may rescind or revoke such authorizati on.  Unless permitted by the legislature, 
no municipality shall have the power to pass local laws or ordinances relating to such games.  Nothing in this section shall prev ent the legislature from passing laws more 
restrictive than any of the provisions of this section." 
9. The text of § 5-401 of the N.Y. Gen. Oblig. L. provides as follows: 
"All wagers, bets or stakes, made to de pend upon any race, or upon any gaming by lot 
or chance, or upon any lot, chance, casu alty, or unknown or contingent event 
whatever, shall be unlawful." 
7. South Dakota 
10. The text of these sections provides as follows:  
"22-25A-1  "Bet or wager" defined. 
For the purposes of this chapter, the term , bet or wager, means to directly or 
indirectly take, receive, or accept money or  any valuable thing with the understanding 
or agreement that the money or valuable thi ng will be paid or delivered to a person if 
the payment or delivery is contingent upon the result of a race, contest, or game or upon the happening of an event not known to be certain. Bet or wager does not 
include the purchase, sale, or trade of secu rities or commodities under state or federal 
law. WT/DS285/R 
Page F-8  
 
22-25A-2  "Gambling business" defined. 
For the purposes of this chap ter, the term, gambling business, means a business that is 
conducted at a gambling establishment or involves the placing, receiving, or making 
of bets or wagers or offers to engage in  the placing, receiving, or making of bets or 
wagers. 
22-25A-3  "Internet" defined. 
For the purposes of this chapter, the term, internet, means the international computer 
network of both federal and nonfederal in teroperable packet switched data networks. 
22-25A-4  "Interactive computer service" defined. For the purposes of this chapter, the term , interactive computer service, means a 
service, system, or network or access software provider that uses public 
communication infrastructure or operates to provide or enable computer access by multiple users to a computer server, includi ng a service or system that provides 
access to the internet. 
22-25A-5  "Person" defined. 
For the purposes of this chapter, the term, person, means an individual, association, 
partnership, joint venture, corporation, or a director, executive, or officer of an association, partnership, joint venture, or corporation, a political subdivision of this 
state, or a department, agency, or instrumentality of this state, or any other government, organization, or entity, including an Indian tribe. 
22-25A-6  "State" defined. 
For the purposes of this chapter, the term, stat e, means this state, including a territory, 
possession, county, and land owned, occupied, or  held in trust for an Indian tribe, 
whether or not federally recognized as an Indian tribe. 
22-25A-8  Establishment of inte rnet gambling business prohibited. 
Except as provided in §  22-25A-15, no person may establish a location or site in this 
state from which to conduct a gambling business on or over the internet or an 
interactive computer service. 
22-25A-9  Violation if gambling originates or terminates in state -- Each bet a 
separate violation. 
A violation of §  22-25A-7 or §  22-25A-8 occurs if the violation originates or 
terminates, or both, in this state. Each indi vidual bet or wager offere d in violation of §  
22-25A-7 or from a location or site that violates §  22-25A-8 constitutes a separate 
violation. 
22-25A-10  Violation a felony. Any person who violates §  22-25A-7 or §  22-25A-8 is guilty of a felony as follows: 
(1) For a first offense, a Class 6 felony;    WT/DS285/R 
   Page F-9  
 
(2) For a second or subsequent offense, a Class 5 felony. 
22-25A-11  Prosecution of violations. The attorney general or the state's attorney for the county in which a violation under 
this chapter occurred, may prosecute  violations of this chapter. 
22-25A-12  Notification of ille gal web site and penalties. 
The attorney general may notify a gambling busi ness that its web site is illegal in this 
state and list the penalties for violating this section. 
22-25A-13  Preliminary restraining order available as condition of bond. 
The attorney general or state's attorn ey may seek, and the court may enter, a 
preliminary restraining order enjoining a person from transmitting bets or wagers or 
information to assist in the placing of be ts or wagers as a condition of bond pending 
trial or other disposition of the case. 
22-25A-14  Permanent injunction available against guilty party. If a person is found guilty or pleads guilty to a charge brought under this chapter, the 
attorney general or states attorney may seek, and the court may enter, a permanent 
injunction against the person or gambling business enjoining the person or gambling 
business from transmitting bets or wagers or information to assist in the placing of 
bets or wagers. 
22-25A-15  Inapplicability of chapter to state lottery or commission on gaming. This chapter does not apply to the South Dakota Lottery and its licensees, who are 
engaged in conduct in furtherance of ac tivity expressly authorized, licensed, and 
regulated under the provisions of chapter 42-7A or to the South Dakota Commission 
on Gaming and its licensees, who are engage d in conduct in furtherance of activity 
expressly authorized, licensed, and regulated under the provisions of chapters 42-7 and 42-7B." 
8. Utah 
11. The text of § 76-10-1102 of the Utah Code Ann provides as follows: 
"(1) A person is guilty of gambling if he: (a) participates in gambling; (b) knowingly permits any gambling to be played, conducted, or dealt upon or in any 
real or personal property owned, rented, or under the control of the actor, whether in 
whole or in part; or 
(c) knowingly allows the use of any video gaming device that is: 
(i) in any business establishment or public place; and (ii) accessible for use by any person within the establishment or public place. WT/DS285/R 
Page F-10  
 
(2) Gambling is a class B misdemeanor, provi ded, however, that any person who is 
twice convicted under this section shall be guilty of a class A misdemeanor." 
 
_______________ 
  