1. (1) A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of:

   1. (a) A slot machine; or
   2. (b) Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity.
2. (2) Possession of a gambling device is a Class A misdemeanor.

3. (3) It is a defense to a charge of possession of a gambling device if the slot machine or gambling device that caused the charge to be brought was manufactured:

   1. (a) Prior to 1900 and is not operated for purposes of unlawful gambling; or

   2. (b) More than 25 years before the date on which the charge was brought and:

      1. (A) Is located in a private residence;
      2. (B) Is not operated for the purposes of unlawful gambling; and
      3. (C) Has permanently affixed to it by the manufacturer, the manufacturer’s name and either the date of manufacture or the serial number.

[1971 c.743 §269; 1977 c.264 §1; 1983 c.403 §1; 1993 c.781 §1; 1995 c.577 §1]