1. 1. A person commits the offense of possession of gambling records in the first degree if, with knowledge of the contents thereof, he or she possesses any gambling record of a kind used:

   1. (1) In the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more than five hundred dollars; or
   2. (2) In the operation, promotion or playing of a lottery or policy scheme or enterprise, and constituting, reflecting or representing more than five hundred plays or chances therein.
2. 2. No offense is committed under subdivision (1) of subsection 1 of this section if the gambling record possessed by the person constituted, reflected or represented his or her own bets in a number not exceeding ten.
3. 3. The defendant shall have the burden of injecting the issue under subsection 2.
4. 4. The offense of possession of gambling records in the first degree is a class E felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17