Section 225.32. Possession of a gambling device; defenses  


Latest version.
  • 1. In any prosecution for possession of a gambling device specified in
      subdivision  one of section 225.30 of this chapter, it is an affirmative
      defense that: (a) the  slot  machine  possessed  by  the  defendant  was
      neither  used  nor  intended to be used in the operation or promotion of
      unlawful gambling activity or enterprise and that such slot  machine  is
      an  antique;  for purposes of this section proof that a slot machine was
      manufactured prior to nineteen hundred  forty-one  shall  be  conclusive
      proof  that such a machine is an antique; (b) the slot machine possessed
      by the defendant was manufactured or assembled by the defendant for  the
      sole  purpose of transporting such slot machine in a sealed container to
      a jurisdiction outside this state for purposes which are lawful in  such
      outside  jurisdiction;  (c)  the slot machine possessed by the defendant
      was neither used nor intended to be used in the operation  or  promotion
      of  unlawful  gambling activity or enterprise, is more than thirty years
      old, and such possession takes place in the defendant's home; or (d) the
      slot machine was transported into this state in a sealed  container  for
      the  purpose of product development, research, or additional manufacture
      or assembly, and such slot machine will be or has been transported in  a
      sealed  container  to  a jurisdiction outside of this state for purposes
      which are lawful in such outside jurisdiction.
        2. Where  a  defendant  raises  an  affirmative  defense  provided  by
      subdivision one hereof, any slot machine seized from the defendant shall
      not be destroyed, or otherwise altered until a final court determination
      is  rendered.  In  a final court determination rendered in favor of said
      defendant, such slot machine  shall  be  returned,  forthwith,  to  said
      defendant, notwithstanding any provisions of law to the contrary.