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(a) It is unlawful to directly or indirectly bet in this state, by selling or buying pools or otherwise, any money or other valuable thing, on any horse race of any kind whether had or run in this state or out of this state.
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(b)
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(1) Upon conviction, a person who violates subsection (a) of this section is guilty of:
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(A) A violation for the first offense and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00);
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(B) A violation for the second offense and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); and
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(C) An unclassified misdemeanor for all offenses after the second offense and shall be fined in any sum not more than five hundred dollars ($500) and imprisoned for a term of not less than thirty (30) days nor more than six (6) months.
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(2) Every bet, wager, sale of pools, or purchase of pools is deemed a separate offense.
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(c) It is the duty of circuit judges and prosecuting attorneys of this state, the grand juries and mayors of the cities and towns of this state, the police officers and marshals of the cities and towns, and the justices of the peace, sheriffs, and constables to enforce the provisions of this section when this section is violated in their presence or when the information of the violation is brought to their knowledge by affidavit or otherwise.
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(d) If any sheriff, constable, or police officer refuses or neglects to immediately arrest and bring before some court of competent jurisdiction for trial any person who violates this section, when the knowledge of the violation is brought to his or her attention by the affidavit of any resident of the county where the offense is committed, the sheriff, constable, or police officer is deemed guilty of nonfeasance in office and upon conviction shall be fined in any sum not more than five hundred dollars ($500) and shall be removed from office.
