HockeXpert said:
The state does not need to prove intent on your part to get a conviction. They only need to prove intent beyond a reasonable doubt. A store that could produce two videos of you doing this could prove intent and even with one video, you'd be relying on a jury to determine intent on your part.
Take shoplifting as an example. A store has you on video trying on shoes. You try several on and end up walking out with a pair still on. Whether you intended to defraud the store or not, it is up to the store if they wish to prosecute and if so, up to a jury to decide whether you intended to defraud the store or not. Either way, you committed a crime whether you intended to or not.
A jury of your "peers" would determine intent. You think ploppies are dumb? Do you remember what it was like the last time you were on jury duty? I've seen homeless people with a better grasp on their faculties than prospective jurors.
Prove intent of
what, I believe is the relevant question.
Yes, I believe they can prove you intended to spill a drink on the felt and the cards, and the penalty would be a fine for messing up their felt and their cards.
But to prove that you knew they were going to replace the card(s) with
defective equipment (defective, because a player would be able to tell the card before it was dealt by looking at it, just as if it was a marked card) and that you, not the casino, are responsible for introducing the defective cards to the game even though the pit boss did it, is a stretch that I don't think would fly with an intelligent jury. It was the casino's decision to replace just the card and not the whole shoe, and you cannot be guilty as a result of a money-saving decision by a casino.
I'd put it in the same category as holecarding. It might make the casino really angry, but if they dealt their game properly it wouldn't be possible so they have no one to blame but themselves. "Banger play" has been around for a long time and isn't cheating, and with this gambit you are just tricking the casino into turning their own cards into bangers. But being it involves an illegal act of intentionally spilling a drink, disorderly conduct at the least, I wouldn't recommend it.