1. (a) Commercial gambling is knowingly:

   1. (1) (A) Operating or receiving all or part of the earnings of a gambling place;
   2. (B) receiving, recording or forwarding bets or offers to bet or, with intent to receive, record or forward bets or offers to bet, possessing facilities to do so;
   3. (C) for gain, becoming a custodian of anything of value bet or offered to be bet;
   4. (D) conducting a lottery, or with intent to conduct a lottery possessing facilities to do so; or
   5. (E) setting up for use or collecting the proceeds of any gambling device; or
   6. (2) (A) granting the use or allowing the continued use of a place as a gambling place; or
   7. (B) permitting another to set up a gambling device for use in a place under the offender's control.

2. (b) Commercial gambling as defined in:

   1. (1) Subsection (a)(1) is a severity level 8, nonperson felony.
   2. (2) Subsection (a)(2) is a class B nonperson misdemeanor.

L. 2010, ch. 136, § 217; July 1, 2011.