528.110 Horse races, messenger betting prohibited -- Exception. (1) Any person who, either for himself or as agent or employee of another, wagers money or anything of value on a horse race run or about to be run or advertised, posted or reported as being run at any race track in or out of this state, or who engages in the occupation of receiving, making, transmitting or negotiating, either in person or by messenger, telephone or telegraph, wagers on horse races run or about to be run or advertised, posted or reported as being run or about to be run at any race track in or out of the state, shall, except in the case of wagers made within the enclosure of a race track licensed by the Kentucky Horse Racing Commission during an authorized race meeting at that track, or an enclosure during regular meetings in which running, trotting or pacing races are being conducted by associations regularly organized for that purpose, be guilty of a Class A misdemeanor. (2) In any prosecution under subsection (1) of this section, the state need not prove that the horse race upon which the wager was placed was actually run. Proof that the wager was made upon what purported to be or what was advertised, reported or understood to be a horse race shall be sufficient to establish a prima facie case for the state. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1935, effective July 15, 2010. -- Amended 2004 Ky. Acts ch. 191, sec. 52, effective July 13, 2004. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 31, sec. 1, effective March 19, 1977.