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

2. (2) An actor commits deriving a benefit from a fringe gaming device if the actor:

   1. (a) permits a fringe gaming device to be located on or in real or personal property owned, rented, or under the control of the actor;
   2. (b) allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor;
   3. (c) induces or aids an individual to use a fringe gaming device;
   4. (d) invests in, finances, owns, controls, or otherwise manages a fringe gaming device; or
   5. (e) possesses a fringe gaming device with the intent to use or allow another individual to use the fringe gaming device.

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).

4. (4) This section applies regardless of whether the fringe gaming device:

   1. (a) is server-based;
   2. (b) uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry;
   3. (c) uses a simulated game to influence or determine the result of the simulated game or the value of a prize;
   4. (d) selects the winner of a prize from a predetermined or finite pool of entries;
   5. (e) includes a pre-reveal feature;
   6. (f) predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed;
   7. (g) requires deposit of any money, coin, token, or gift certificate, or the use of a credit card, debit card, prepaid card, or any other method of payment to activate the device;
   8. (h) requires direct payment into the machine or device or remote activation of the device;
   9. (i) requires a purchase of a related product regardless of whether the product has legitimate value;
   10. (j) reveals the prize incrementally, regardless of whether a prize is awarded; or
   11. (k) includes a skill-based game.

Renumbered and Amended by Chapter 173, 2025 General Session