23-5-131. Losses at illegal gambling may be recovered in civil action. A person, or the person's dependent or guardian, who, by playing or betting at an illegal gambling device or illegal gambling enterprise, loses money, property, or any other thing of value and pays and delivers it to another person connected with the operation or conduct of the illegal gambling device or illegal gambling enterprise, within 1 year following the person's loss, may:
(1) bring a civil action in a court of competent jurisdiction to recover the loss;
(2) recover the costs of the civil action and exemplary damages of no less than $500 and no more than $5,000; and
(3) join as a defendant any person having an interest in the illegal gambling device or illegal gambling enterprise.
History: En. Sec. 15, Ch. 115, L. 1907; Sec. 8430, Rev. C. 1907; re-en. Sec. 11173, R.C.M. 1921; re-en. Sec. 11173, R.C.M. 1935; Sec. 94-2418, R.C.M. 1947; redes. 94-8-418 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-418; amd. Sec. 13, Ch. 642, L. 1989; amd. Sec. 368, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 23. Parks, Recreation, Sports, and Gambling
Part 1. General Provisions, Proceedings, and Penalties
23-5-110. Public policy of state concerning gambling
23-5-111. Construction and application
23-5-113. Department as criminal justice agency
23-5-114. Department employees -- activities prohibited
23-5-115. Powers and duties of department -- licensing
23-5-116. Disclosure of information
23-5-118. Transfer of ownership interest -- definitions
23-5-119. Appropriate alcoholic beverage license for certain gambling activities
23-5-123. Disposal of fines and penalties for violation of gambling laws
23-5-128. Distributor's license -- fees
23-5-129. Route operator's license -- fees
23-5-130. Allowable compensation for route operator
23-5-131. Losses at illegal gambling may be recovered in civil action
23-5-135. Discharge of defendant
23-5-136. Injunction and other remedies
23-5-138. Evidence in administrative proceedings
23-5-139. and 23-5-140 reserved
23-5-145. through 23-5-150 reserved
23-5-153. Possession and sale of antique gambling devices
23-5-154. Soliciting participation in illegal gambling activity prohibited
23-5-155. Counterfeiting or defacing documents -- penalty
23-5-157. Gambling on cash basis -- penalties
23-5-158. Minors not to participate -- penalty -- exception
23-5-159. Illegal sale, assignment, lease, or transfer of license -- penalty
23-5-160. Shaking dice for drink or music or in shake-a-day game
23-5-161. Criminal liabilities -- misdemeanor
23-5-162. Criminal liabilities -- felony
23-5-164. Payroll checks -- promotional activities prohibited
23-5-165. Fishing derbies and wagering on natural occurrences
23-5-166. through 23-5-170 reserved
23-5-171. Authority of local governments to regulate gambling
23-5-173. through 23-5-175 reserved
23-5-176. Qualifications for licensure
23-5-177. Operator of gambling establishment -- license -- fee
23-5-178. Associated gambling business
23-5-180. Property subject to forfeiture
23-5-181. Petition -- summons -- service -- answer
23-5-182. Effect of failure to answer -- hearing date following answer
23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption