Mitt Romney Bet Offer To Rick Perry May Have Almost Been A Felony Offense

Did Rick Perry save Mitt Romney from committing a felony Saturday night in Iowa?

During Saturday night's debate, Romney offered to bet Perry $10,000 that he had misquoted Romney's book in claiming that he had earlier supported a mandated approach to health care. Perry looked at him like he was crazy and declined the bet.

But "gaming and betting" are clearly banned in Iowa, other than in the context of racetracks and bingo. According to section 725.7.b. of the Iowa criminal code, a person shall not "make any bet" --- anyone who does is guilty of a class "C" felony if the bet exceeds $5,000.

One of the penalties for wagering is forfeiture of the amount bet. So does Mitt Romney owe Iowa $10,000?

Section 725.8 specifies: "Property, whether real or personal, offered as a stake, or any moneys, property, or other thing of value staked, paid, bet, wagered, laid, or deposited in connection with or as a part of any game of chance, lottery, gambling scheme or device, gift enterprise, or other trade scheme unlawful under the laws of this state shall be forfeited to the state and said personal property may be seized and disposed of under chapter 809."

But the fact that Perry refused to take Romney's bet may have saved the former Massachusetts governor. Legal analysts often say that when the law specifies an exception, that by definition implies a rule. For instance, if the law says that no booze can be sold on Sundays, the legal presumption is that alcohol can be sold every other day.

In the criminal code under "gambling by underage persons," the law specifies that a kid "shall not make or attempt to make a gambling wager." The "or-attempt-to-make" language doesn't appear in the law related to adults. So Mitt Romney might not owe Rick Perry $10,000, but he owes him his gratitude for helping him avoid breaking the law.

Then again, all Iowa lawmakers proved by broadening the definition in the section on minors is that they know how to broaden it, not that they didn't intend to criminalize attempted gambling. So is Romney guilty? The jury's out.

Mike Sacks contributed to this report.

Comments

[dblshell]

10:48 AM on 12/16/2011

Mitt got caught in a moment of his arrogance. For all the politeness he tries to exude, the REAL Mitt Romney showed itself at that moment. What the viewer witnessed was more dimwitted, right wing hubris.

Not clever enough to make the bet go to a favorite charity, the classless clod goes and makes it personal.

[Steve Faria]

12:37 AM on 12/14/2011

This author is a doof.

I think anyone who's had a childhood has said 'wanna bet' about 10,000 times. The story is ridiculous; the bet is as unprovocative as can be. The hand was extended with a ludicrous value to just get Perry to back up his words. If the challenge isn't taken, who do you think won?

The rabble in twitterdom caused a stir, media types see chum in the water and begin salivating. Alas it's just Romney in the surf, not a delightsome sea lion. But let's just say we got the real thing and let the public believe there is flesh on the menu again. Sharks gather in. Ignorance reigns because the RINO simply must be defeated!

The press has categorized Perry's accusation as false many times since Saturday's debate closed. This goes unmentioned however because by golly there's a new menu item.

[momosthought]

10:46 PM on 12/13/2011

Bwahahahahaha, what a streeeeeeeetch!

If you want a felony, let's look at Fast and Furious, now that's a good one. Maybe take a peep at Solyndra, too if your interested in the law.

[mggwa]

08:12 PM on 12/13/2011

If you wish to read it for yourself, go here:

http://search.legis.state.ia.us/nxt/gateway.dll/ic?f=templates&fn=default.htm

You'll have to drill into it a bit, it is chapter 725 of the criminal code. It deals with gaming and gambling.

The Romney enemies exaggerate the use of the word "bet" to signify gambling or gaming. The entire chapter is obviously about betting, as on horses at a race track, not betting that you or I did or did not do something. I cannot believe that so many of us have wasted any time here.

[l78lancer]

07:57 PM on 12/13/2011

Perry = Dumb Luck

[mggwa]

02:19 PM on 12/13/2011

"Did Rick Perry save Mitt Romney from committing a felony Saturday night in Iowa?"

There was no felony. As your article itself states, "in connection with or as a part of any game of chance, lottery, gambling scheme or device..."

This bet was not in connection with these things.

However I seem to be the only person to actually read the words of your story and realize its true import (ie, there is no true import).

It would have been better to actually "fact check" the claim and report on THAT.

It does seem that Romney supported mandated health insurance, which at the STATE level is probably constitutional since people can just leave the state if they don't like it.

It is the federal government that is not specifically empowered to force citizens to purchase products from a corporation.

[mggwa]

01:59 PM on 12/13/2011

It wasn't a "game of chance"

"as a part of any game of chance, lottery, gambling scheme or device, gift enterprise, or other trade scheme unlawful under the laws of this state "

Duh.

[Jamico Bob]

06:41 AM on 12/13/2011

I believe that we all need to take a better look at a couple of these candidates. At least Obama didn't "lower himself" during his campaign and "trash mouth" everyone. When this "President Wanna-be Reality Show" ends, Newt and Mitt will shake hands, laugh and sing another tune. I'm already singing..."Mitt, Mitt, no Mitt, banana-manna no Mitt, fi fy no Mitt...NO MITT!". The words work with Newt too!

[l78lancer]

08:02 PM on 12/13/2011

LOL!

My wife and I both appreciated that one. Thx.

[momosthought]

10:49 PM on 12/13/2011

No, all Obama did was lower himself by not agreeing to campaign reform and let The Special Interest groups line his pockets for his election. Lack of ethics!

[benblush]

01:26 AM on 12/13/2011

LMFAO!!!

that's all you right-wingers are good for...JOKES!!!!!

[Vapula]

11:57 PM on 12/12/2011

Since when have Republicans obeyed the law? They don't give a damn for the constitution so you can be sure that mundane laws don't apply to them.

[Mr Anonymous]

11:06 PM on 12/12/2011

I thought that gambling wasn't allowed by his religious beliefs.

[l78lancer]

08:04 PM on 12/13/2011

Being a robber baron, carpet bagging swindler probably isn't permitted either.

[madisonhack]

10:36 PM on 12/12/2011

My Newt is bigger than your Mitt.

[l78lancer]

08:06 PM on 12/13/2011

Yeah, but my wife is three of yours...

[Stoopid American]

10:07 PM on 12/12/2011

Ironically, it is Iowa conservatives who likely support the anti-gambling law most fervently.

[WhereIsTheTruth]

09:49 PM on 12/12/2011

Framing the question by suggesting that Rick Perry saved Mitt Romney would require the man that's unclear on voting age, the age at which a citizen can run for president, and which agencies he intends to close be familiar with Iowa law.

[Vapula]

11:58 PM on 12/12/2011

If Perry saved Mitt it was merely an oops moment.

[Tom Joad]

09:46 PM on 12/12/2011

...I'll see your $10,000 and raise you $1,000,000 for proof-certain of the existence of the golden plates...

(NOTE: Readers in Iowa should disregard this post)