New Jersey Considers Fines for Underage Gambling

New Jersey lawmakers are advancing a proposal that could significantly alter how the state handles underage gambling. If passed, the legislation would decriminalize the offense, replacing jail time with fines and directing the revenue toward gambling treatment programs. This change comes amid growing concerns over the rise of problem gambling, particularly among young people. The expansion of gambling opportunities, such as the growth of sports betting and online gaming, has led to an increase in gambling-related issues, with youth being particularly vulnerable. As the state's gambling landscape evolves, this shift in approach seeks to address both the punitive and preventative aspects of underage gambling.

Currently, underage gambling in New Jersey is treated as a criminal offense, punishable by fines up to $1,000 and a six-month jail term. The state's strict stance has been part of its broader commitment to controlling the social and economic impacts of gambling. The proposed changes would instead classify underage gambling as a civil offense, with penalties starting at $500 for a first offense, $1,000 for a second, and $2,000 for subsequent violations. This shift would not only reduce the potential consequences for young offenders but also impose fines on individuals who facilitate underage gambling, such as adults who knowingly allow minors to gamble. Proponents argue that this approach is more in line with how other minor infractions are handled, making the legal framework less harsh while still discouraging underage gambling.

 

The Intricate Approach

New Jersey’s approach stands out compared to neighboring states. For example, Pennsylvania imposes fines up to $300 and community service for underage gambling, while Ohio enforces penalties of up to $1,000 and 30 days in jail. These states have adopted varying levels of punishment, recognizing the complexity of the issue while trying to balance deterrence with rehabilitation. Unlike Pennsylvania, which allows minors to participate in certain lottery games, New Jersey maintains strict prohibitions on all gambling activities for individuals under 21, underscoring the state’s desire to protect young people from the harmful effects of early exposure to gambling. The differences between state approaches illustrate the ongoing debate over how best to handle underage gambling within the larger context of state gambling laws.

A key aspect of the proposed legislation is the allocation of fines to support programs addressing compulsive gambling. Assemblyman Don Guardian, a Republican and former Atlantic City mayor, initially expressed reservations about reducing the severity of the punishment. However, after learning that the fines would directly fund treatment services for problem gamblers, he shifted his stance. The funds generated by the new fines would go toward education and outreach programs designed to help those struggling with addiction, including youth who might be at risk of developing gambling problems.

“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,” Guardian said. This shift in policy reflects a growing recognition that punitive measures alone are not enough to address the deep-rooted issues caused by gambling addiction, and that investing in treatment and education is a more holistic approach.

Despite this, advocates like Luis Del Orbe, acting executive director of the New Jersey Council on Compulsive Gambling, argue that the proposal doesn’t go far enough. While he welcomes the funding for treatment, Del Orbe emphasizes the importance of education in preventing problem gambling among youth. He points out that fines alone won’t have a meaningful impact if young offenders don’t directly pay them, which is often the case when the fines are covered by parents or guardians. Del Orbe believes that pairing fines with mandatory education about the risks of gambling would create a more comprehensive solution, one that not only penalizes underage gambling but also equips young people with the tools to make informed choices in the future.

“There is also an urgent need for expanded education and awareness about the harms that can come of gambling, particularly with respect to youth,” Del Orbe said. He believes that without a strong focus on education and awareness, the bill’s success in reducing underage gambling will be limited. As gambling continues to grow in popularity and accessibility, the need for youth-focused programs that address the long-term consequences of addiction becomes more urgent.

The bill is part of a broader conversation about regulating gambling in New Jersey. Alongside this proposal, a separate bill aimed at banning the sale of lottery tickets to minors has cleared committee review and awaits a full vote. This indicates a broader legislative effort to tighten controls around gambling, ensuring that young people are protected from the financial and emotional consequences of addiction. The bills reflect a state grappling with the dual challenges of promoting a thriving gambling industry while mitigating its social risks.

As sports betting grows nationwide, the expansion of gambling opportunities has heightened concerns over addiction, particularly among younger demographics. The New Jersey Council on Compulsive Gambling has reported a surge in citizens seeking help for gambling problems, a trend they expect to continue. The growing visibility of gambling in everyday life, especially through online platforms and mobile apps, makes it more difficult to monitor and prevent underage gambling, highlighting the importance of legislative action.

 

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.

 

Conclusions

The proposed changes still require approval from both houses of the Legislature before heading to Governor Phil Murphy’s desk. If enacted, the legislation could mark a significant shift in New Jersey’s approach to gambling regulation, balancing enforcement with education and treatment in response to a growing public health issue. As lawmakers consider this bill, they must weigh the potential benefits of a more lenient approach against the risks of sending the wrong message to youth about the dangers of gambling.