(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section. (2) An actor commits deriving a benefit from a fringe gaming device if the actor: (a) permits a fringe gaming device to be located on or in real or personal property owned, rented, or under the control of the actor; (b) allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor; (c) induces or aids an individual to use a fringe gaming device; (d) invests in, finances, owns, controls, or otherwise manages a fringe gaming device; or (e) possesses a fringe gaming device with the intent to use or allow another individual to use the fringe gaming device. (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). (4) This section applies regardless of whether the fringe gaming device: (a) is server-based; (b) uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry; (c) uses a simulated game to influence or determine the result of the simulated game or the value of a prize; (d) selects the winner of a prize from a predetermined or finite pool of entries; (e) includes a pre-reveal feature; (f) predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed; (g) requires deposit of any money, coin, token, or gift certificate, or the use of a credit card, debit card, prepaid card, or any other method of payment to activate the device; (h) requires direct payment into the machine or device or remote activation of the device; (i) requires a purchase of a related product regardless of whether the product has legitimate value; (j) reveals the prize incrementally, regardless of whether a prize is awarded; or (k) includes a skill-based game. Renumbered and
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