(1) A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of: (a) A slot machine; or (b) Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity. (2) Possession of a gambling device is a Class A misdemeanor. (3) It is a defense to a charge of possession of a gambling device if the slot machine or gambling device that caused the charge to be brought was manufactured: (a) Prior to 1900 and is not operated for purposes of unlawful gambling; or (b) More than 25 years before the date on which the charge was brought and: (A) Is located in a private residence; (B) Is not operated for the purposes of unlawful gambling; and (C) Has permanently affixed to it by the manufacturer, the manufacturers name and either the date of manufacture or the serial number.
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