Underage gambling in New Jersey is governed by N.J.S. 5:12-119. That statute makes it a disorderly persons offense for an underage person to wager in or even enter a licensed casino or simulcasting facility. New Jersey defines underage person to be a person under the age at which he may legally purchase and consume alcoholic beverages.
As just suggested, to be convicted of New Jersey underage gambling, the person need not actually gamble. Nor need the person even intend to gamble. Just being inside the facility is sufficient to support a finding of guilty. The law does allow an underage person to enter the facility in order to pass to another room. The law also allows persons specifically licensed or registered under the New Jersey Casino Control Act to enter in the regular course of the person's permitted activities.
Persons who violate the New Jersey underage gambling law commit a disorderly persons offense. The minimum fine that the judge is then required to impose is $500.00. In addition, the court is required to suspend or postpone the person's license to operate a motor vehicle for six months.
Records relating to convictions for New Jersey underage gambling can be expunged after five years. When compelling circumstances exist, that five-year wait can be lowered to three years. If the charge is dismissed, the defendant can apply for expungement of his arrest record immediately. However, if the dismissal arose on account of a diversion (“conditional dismissal”), six months must pass before the records can be expunged.