76-9-1408. Deriving a benefit from a fringe gaming device.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-9-1401
(2) An actor commits deriving a benefit from a fringe gaming device if the actor: permits a fringe gaming device to be located on or in real or personal property owned, rented, or under the control of the actor; allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor; induces or aids an individual to use a fringe gaming device; invests in, finances, owns, controls, or otherwise manages a fringe gaming device; or possesses a fringe gaming device with the intent to use or allow another individual to use the fringe gaming device.
(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of a violation of Subsection (2).
(4) This section applies regardless of whether the fringe gaming device: is server-based; uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry; uses a simulated game to influence or determine the result of the simulated game or the value of a prize; selects the winner of a prize from a predetermined or finite pool of entries; includes a pre-reveal feature; predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed; 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; requires direct payment into the machine or device or remote activation of the device; requires a purchase of a related product regardless of whether the product has legitimate value; reveals the prize incrementally, regardless of whether a prize is awarded; or includes a skill-based game.