§ 35-45-5-4 — Promoting professional gambling; acts constituting; boat manufacturers; public utilities

Indiana § 35-45-5-4

• Jurisdiction: Indiana
• Art. 45: OFFENSES AGAINST PUBLIC HEALTH, ORDER,
• Ch. 5: Gambling

Text

(a) Except as provided in subsections (b) and
(d), a person who:
(1) knowingly or intentionally owns, manufactures, possesses,
buys, sells, rents, leases, repairs, or transports a gambling device,
or offers or solicits an interest in a gambling device;
(2) before a race, game, contest, or event on which gambling may
be conducted, knowingly or intentionally transmits or receives
gambling information by any means, or knowingly or intentionally
installs or maintains equipment for the transmission or receipt of
gambling information; or
(3) having control over the use of a place, knowingly or
intentionally permits another person to use the place for
professional gambling;
commits promoting professional gambling, a Level 6 felony. However,
the offense is a Level 5 felony if the person has a prior unrelated
conviction under this section.
(b) Subsection (a)(1) does not apply to a boat manufacturer who:
(1) transports or possesses a gambling device solely for the
purpose of installing that device in a boat that is to be sold and
transported to a buyer; and
(2) does not display the gambling device to the general public or
make the device available for use in Indiana.
(c) When a public utility is notified by a law enforcement agency
acting within its jurisdiction that any service, facility, or equipment
furnished by it is being used or will be used to violate this section, it
shall discontinue or refuse to furnish that service, facility, or
equipment, and no damages, penalty, or forfeiture, civil or criminal,
may be found against a public utility for an act done in compliance
with such a notice. This subsection does not prejudice the right of a
person affected by it to secure an appropriate determination, as
otherwise provided by law, that the service, facility, or equipment
should not be discontinued or refused, or should be restored.
(d) Subsection (a)(1) does not apply to a person who:
(1) possesses an antique slot machine;
(2) restricts display and use of the antique slot machine to the
person's private residence; and
(3) does not use the antique slot machine for profit.
(e) As used in this section, "antique slot machine" refers to a slot
machine that is:
(1) at least forty (40) years old; and
(2) possessed and used for decorative, historic, or nostalgic
purposes.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts
1977, P.L.340, SEC.83; P.L.164-1990, SEC.1; P.L.20-1995, SEC.19;
P.L.227-2007, SEC.67; P.L.158-2013, SEC.533.