21-4307. Possession of a gambling device.
21-4307
21-4307. Possession of a gambling device.(a) Possession of a gambling device is knowingly possessing orhavingcustody or control, as owner, lessee, agent, employee, bailee, orotherwise, of any gambling device.
Possession of a gambling device is aclass B nonperson misdemeanor.
(b) It shall be a defense to a prosecution under this sectionthat thegambling device is an antique slot machine and that the antique slot machinewas not operated for gambling purposes while in the owner's or the defendant'spossession. A slot machine shall be deemed an antique slot machine if itwas manufactured prior to the year 1950.
(c) It shall be a defense to a prosecution under this sectionthat thegambling device is possessed or under custody or control of a manufacturerregistered under the federal gambling devices act of 1962 (15 U.S.C. 1171 etseq.)ora transporter under contract with such manufacturer with intent to transferfor use:
(1) By the Kansas lottery or Kansas lottery retailers asauthorized bylaw and rules and regulations adopted by the Kansas lottery commission;
(2) by a licensee of the Kansas racing commission as authorizedby lawand rules and regulations adopted by the commission;
(3) in a state other than the state of Kansas; or
(4) in tribal gaming.
History: L. 1969, ch. 180, § 21-4307; L. 1979, ch. 93, § 2;L. 1989, ch. 94, § 2;L. 1992, ch. 239, § 218;L. 1993, ch. 291, § 166;L. 1996, ch. 256, § 13; July 1.