Laws of New York (Last Updated: November 21, 2014) |
PEN Penal |
Part THREE. SPECIFIC OFFENSES |
Title M. OFFENSES AGAINST PUBLIC HEALTH AND MORALS |
Article 225. GAMBLING OFFENSES |
Section 225.30. Possession of a gambling device
Latest version.
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a. A person is guilty of possession of a gambling device when, with knowledge of the character thereof, he or she manufactures, sells, transports, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of: 1. A slot machine, unless such possession is permitted pursuant to article nine-A of the general municipal law; or 2. Any other gambling device, believing that the same is to be used in the advancement of unlawful gambling activity; or 3. A coin operated gambling device with intent to use such device in the advancement of unlawful gambling activity. b. Possession of a slot machine shall not be unlawful where such possession and use is pursuant to a gaming compact, duly executed by the governor and an Indian tribe or Nation, under the Indian Gaming Regulatory Act, as codified at 25 U.S.C. §§§§ 2701-2721 and 18 U.S.C §§§§ 1166-1168, where the use of such slot machine or machines is consistent with such gaming compact and where the state receives a negotiated percentage of the net drop (defined as gross money wagered after payout, but before expenses) from any such slot machine or machines. c. Transportation and possession of a slot machine shall not be unlawful where such transportation and possession is necessary to facilitate the training of persons in the repair and reconditioning of such machines as are used or are to be used for operations in those casinos authorized pursuant to a tribal-state compact as provided for pursuant to section eleven hundred seventy-two of title fifteen of the United States Code in the state of New York. Possession of a gambling device is a class A misdemeanor.