21-4306. Dealing in gambling devices. - Kansas Statutes

21-4306

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 43.--CRIMES AGAINST THE PUBLIC MORALS

      21-4306.   Dealing in gambling devices.(a) Dealing in gamblingdevices is manufacturing, transferring orpossessing with intent to transfer any gambling device or sub-assemblyor essential part thereof.

      (b)   Proof of possession of any device designed exclusively forgambling purposes, whichdevice is not set up for use or which is not in agambling place, creates a presumption of possession with intent to transfer.

      (c)   Dealing in gambling devices is a severity level 8, nonperson felony.

      (d)   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.

      (e)   It shall be a defense to a prosecution under this sectionthat thegambling device or sub-assembly or essential part thereof is manufactured,transferred or possessed by a manufacturerregistered under the federal gambling devices act of 1962 (15 U.S.C. 1171 etseq.)or a transporter under contractwith such manufacturer with intent to transfer for 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 otherthan the state of Kansas; or

      (4)   tribal gaming.

      History:   L. 1969, ch. 180, § 21-4306; L. 1979, ch. 93, § 1;L. 1989, ch. 94, § 1;L. 1992, ch. 239, § 217;L. 1993, ch. 291, § 165;L. 1996, ch. 256, § 12; July 1.