1. A person commits the crime of possession of gambling records in the second degree if, with knowledge of the contents thereof, he possesses any gambling record of a kind used:
- (1) In the operation or promotion of a bookmaking scheme or enterprise; or
- (2) In the operation, promotion or playing of a lottery or policy scheme or enterprise.
- 2. A person does not commit a crime under subdivision (1) of subsection 1 of this section if the gambling record possessed by the defendant constituted, reflected or represented bets of the defendant himself in a number not exceeding ten.
- 3. The defendant shall have the burden of injecting the issue under subsection 2.
- 4. Possession of gambling records in the second degree is a class A misdemeanor.
(L. 1977 S.B. 60)
Effective 1-01-79
*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.