1. (1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.

2. (2) An actor commits possessing a gambling device or record if the actor:

   1. (a) knowingly possesses a gambling device or record; and
   2. (b) intends to use the gambling device or record in gambling or fringe gambling.

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
   2. (b) A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of a violation of Subsection (2).

Renumbered and Amended by Chapter 173, 2025 General Session