18-10-105. Possession of a gambling device or record.

Statute text

(1) Except as provided in subsection (1.5) of this section, a person who owns, manufactures, sells, transports, possesses, or engages in any transaction designed to affect the ownership, custody, or use of a gambling device or gambling record, knowing that it is to be used in professional gambling, commits possession of a gambling device or record.

(1.5) The sale, transportation, manufacture, and remanufacture of gambling devices, including the acquisition of essential parts therefor and the assembly of such parts, is permitted if such devices are sold, transported, manufactured, and remanufactured only for transportation in interstate or foreign commerce when such transportation is not prohibited by any applicable foreign, state, or federal law. Storage of gambling devices is also permitted but only for purposes of manufacturing, remanufacturing, and transporting such devices in interstate or foreign commerce when their transportation is not prohibited. Such activities may be conducted only by persons who have registered with the United States government pursuant to the provisions of chapter 24 of Title XV of the United States Code, as amended. Such gambling devices shall not be openly displayed, except to legal buyers, or sold for use in Colorado regardless of where purchased, nor manufactured, remanufactured, or stored for purposes of manufacture, remanufacture, and transportation in violation of any applicable state or federal law. For purposes of this subsection (1.5), "legal buyer" means a buyer who resides in another state or country which does not restrict the possession of the specific gambling device in question.

(2) Possession of a gambling device or record or violation of subsection (1.5) of this section is a class 2 misdemeanor.

History

Source: L. 71: R&RE, p. 478, 1. C.R.S. 1963: 40-10-105. L. 88: Entire section amended, p. 739, 2, effective April 29. L. 89: (2) amended, p. 841, 94, effective July 1. L. 2023: (2) amended, (HB 23-1293), ch. 298, p. 1791, 43, effective October 1.

Annotations

Editor's note: Section 77 of chapter 298 (HB 23-1293), Session Laws of Colorado 2023, provides that the act changing subsection (2) applies to offenses committed on or after October 1, 2023.

Annotations

 

ANNOTATION

Annotations

The offenses described in this section and section 18-10-107 each require proof of a different element and are not duplicitous. McNulty v. People, 180 Colo. 246, 504 P.2d 335 (1972) (decided under former 40-10-8, C.R.S. 1963).

Applied in Paulino v. People, 113 Colo. 180, 155 P.2d 609 (1945) (decided under former CSA, C. 48, 230).