(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) . Renumbered and
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