39-17-505 - Possession of gambling device or record Forfeiture.
39-17-505. Possession of gambling device or record Forfeiture.
(a) (1) A person commits an offense who knowingly owns, manufactures, possesses, buys, sells, rents, leases, stores, repairs, transports, prints, or makes any gambling device or record.
(2) It is not an offense for a person to own or possess in this state a lottery ticket originating from a state in which a lottery is lawful, if the ticket is not owned or possessed for the purpose of resale.
(3) It is not an offense for a person to knowingly own, manufacture, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record if the device or record is owned, manufactured, possessed, bought, sold, rented, leased, stored, repaired, transported, printed or made pursuant to the provisions of title 4, chapter 51, part 1 and title 39, chapter 17, part 6.
(4) It is not an offense for a person to knowingly own, manufacture, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record if the device or record is for the purpose of conducting an annual event pursuant to the provisions of title 3, chapter 17, and part 6 of this chapter.
(5) It is not an offense for a manufacturer of gambling devices or records to knowingly own, manufacture, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record solely intended for use outside of this state and in compliance with the laws of the United States; provided, that the manufacturer meets or exceeds federal government requirements pursuant to 15 U.S.C. § 1171 et seq., and any regulations promulgated pursuant to 15 U.S.C. § 1171 et seq. This subdivision (a)(5) does not apply unless the manufacturer simultaneously provides to the secretary of state a copy of the annual registration when it is submitted to the United States attorney general pursuant to 15 U.S.C. § 1173.
(b) (1) Any gambling device or record is contraband and shall be subject to seizure, confiscation and forfeiture in accordance with the forfeiture provisions, codified in chapter 11, part 7 of this title.
(2) After a gambling device or record has been forfeited to the state pursuant to chapter 11, part 7 of this title, the court hearing the criminal charges resulting in the forfeiture shall order the destruction of the device or record. If the district attorney general or law enforcement agency does not believe that a gambling device or record should be destroyed in a particular case, the district attorney general shall petition the court for an alternate disposition of the record or device. If the court finds that the proposed alternate disposition reasonably ensures that the device will not be used in an unlawful manner in this state, the court may grant the petition and order the disposition of the device or record in accordance with the petition.
(c) Possession of a gambling device or record is a Class B misdemeanor.
[Acts 1989, ch. 591, § 1; 1993, ch. 265, § 1; 1994, ch. 856, § 1; 2003, ch. 297, § 5; 2004, ch. 476, § 4; 2009, ch. 267, § 2.]