New Jersey lawmakers are considering a bill that intends to decriminalize underage gambling, changing the punishment for those who offend to a fine.
Senator Vicent Polistina introduced SB 3246 in May and referred it to the Senate State Government, Wagering, Tourism and Historic Preservation Committee. It has been approved, and now lawmakers are debating the proposed changes, which would also fine anyone involved in helping an underaged person gamble.
First-time offenders would receive a $500 fine, followed by a $1,000 fine for a second offense, and a $2,000 fine for every additional offense.
The bill dictates that the money from the fines go towards the Council on Compulsive Gambling of New Jersey and other sources of problem gambling treatment, education, and prevention.
As reported by the Associated Press, the Republican former mayor of Atlantic City, Assemblyman Don Guardian, said, “The concern I had initially was about reducing the severity of the punishment. But the fact that all the money will go to problem gambling treatment programs changed my mind.”
Underage gambling a growing problem?
The issue of underage gambling has become more prominent as sports betting has spread across the U.S.
Following the U.S. Supreme Court’s decision to strike down the Professional and Amateur Sports Protection Act of 1992 (PASPA), sports betting is now available in some form in 38 U.S. states.
That has led to some suggesting there has been a rise in underage gambling. There have certainly been some high-profile cases, including when New England Patriots wide receiver Kayshon Boutte was arrested in Louisiana for illegal underage gambling during his time with the LSU Tigers. Those charges were later dropped, despite Boutte betting under the legal gambling age in LA and placing bets on NCAA events, including the LSU Tigers.
Meanwhile, five Iowa State athletes pled guilty to underage gambling in September 2023, among dozens of individuals under investigation. These college athletes included quarterback Hunter Dekkers, who stepped away from the football program following the underage gambling charges.
A 2023 study by the NCAA revealed that 58% of 18 to 22-year-olds had placed at least one sports bet, with 5% losing more than $500 in one day.
The acting Executive Director of the Council on Compulsive Gambling of New Jersey, Luis Del Orbe, questioned the effectiveness of the new legislation, and the impact of putting fines on offenders rather than a criminal offense. He asked, “When a young person is ‘fined,’ who actually pays the fine?”
Del Orbe suggested that mandating education was the best way to tackle the issue. However, he also acknowledged he was glad that funding was going towards gambling education and treatment programs.
The Council on Compulsive Gambling of New Jersey issued a statement to the Assembly panel debating the bill.
It 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.”
