22.2. Maintaining A Gambling Establishment

22.2 MAINTAINING A GAMBLING ESTABLISHMENT 849.01-A (849.02), Fla. Stat. To prove the crime of Maintaining a Gambling Establishment, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant], a. [in person or by a servant, clerk or agent,] ent or employee of another,] had a substantial degree of control over and kept or maintained [place or 2. The [place was] [articles were] habitually kept or maintained for the purpose of gambling. A single instance or rare and isolated instances of placing bets or gambling would be insufficient to constitute the crime. But if the property was used at frequent intervals as a place or means for betting, gaming or gambling, the crime has been committed even if the principal use of the property is for some other lawful purpose. It is not necessary to prove that [namd, or received any ] wholly owned or controlled the property. It is not necessary to a conviction of this offense that there be direct and positive evidence of gambling. It is sufficient if implements, devices or apparatus commonly used by gambling houses or by gamblers are found under circumstances that convince you that the premises were kept or maintained for the purpose of gambling. A servant, clerk, agent or employee of another who keeps or maintains property for the purpose of gambling is equally guilty with [his] [her] employer. "Gambling" is a game of chance in whh the participant risks money or property icon the outcome with the expectation of gaining or losing as a result of the game.