76-9-1407. Possessing a gambling device or record.
(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.
(2) An actor commits possessing a gambling device or record if the actor:
(a) knowingly possesses a gambling device or record; and
(b) intends to use the gambling device or record in gambling or fringe gambling.
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(b) A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of a violation of Subsection (2).