It is against the law for anyone under 21 years of age to gamble or linger in the gambling area of a Colorado casino. Violation of the law is classified as a Class 2 misdemeanor with a minimum penalty of three months in jail and a $250 fine. This penalty should serve as an effective deterrent to adults who are tempted to let their underage children join them at a gaming table, as well as to college or high school students who sneak into a casino to gamble.

Unfortunately, Colorado's crowded court system and the cost of instituting legal proceedings discourages district attorneys from prosecuting underage gamblers, leaving Colorado without an effective deterrent for discouraging underage casino gambling.

 "When an underage person is caught in a casino, a fine is assessed against the casino, which is appropriate, but the minor usually only receives a scolding," explains Michael Smith, president of the Colorado Gaming Association (CGA). "We understand why law enforcement hesitates to prosecute these crimes, but we think they're sending the wrong signal."

 

The CGA is currently working with the Division of Gaming, district attorneys and the judiciary to craft a penalty that will serve as an effective deterrent and bring economies into the enforcement scheme for district attorneys and the judiciary by making costly court appearances the exception rather than the rule.

 

"There need to be real consequences for underage gamblers, just as there are for underage drivers and underage alcohol consumers," says Smith. He notes that there is no data available on the number of young people who get lectured, but not charged for the crime. "The industry believes the problem is prevalent enough that we'd like to see some statutory changes."

One approach that is under consideration would change the classification of underage gambling from a Class 2 misdemeanor to a petty offense, which would allow law enforcement officers to immediately issue tickets to offenders, leaving the offenders with the option of appearing in court or simply paying the fine, similar to the way traffic tickets are handled.

"We're confident that we can craft an enforceable penalty that will serve as an effective deterrent without placing additional strains and costs on the criminal justice systems in gambling jurisdictions," says Smith.