Utah § 76-9-1408 Deriving a benefit from a fringe gaming device.

Utah Statutes

§ 76-9-1408 — Deriving a benefit from a fringe gaming device.

Utah·Title 76 Utah Criminal Code·Ch. 76-9 Offenses Against Public Order, Health, and Safety·Part 76-9-14 Gambling

(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:

(2)(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;

(2)(b) allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor;

(2)(c) induces or aids an individual to use a fringe gaming device;

(2)(d) invests in, finances, owns, controls, or otherwise manages a fringe gaming device; or

(2)(e) possesses a fringe gaming device with the intent to use or allow another individual to use the fringe gaming device.

(3)(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a cl

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(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:
(2)(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;
(2)(b) allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor;
(2)(c) induces or aids an individual to use a fringe gaming device;
(2)(d) invests in, finances, owns, controls, or otherwise manages a fringe gaming device; or
(2)(e) possesses a fringe gaming device with the intent to use or allow another individual to use the fringe gaming device.
(3) (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(3)(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:
(4)(a) is server-based;
(4)(b) uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry;
(4)(c) uses a simulated game to influence or determine the result of the simulated game or the value of a prize;
(4)(d) selects the winner of a prize from a predetermined or finite pool of entries;
(4)(e) includes a pre-reveal feature;
(4)(f) predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed;
(4)(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;
(4)(h) requires direct payment into the machine or device or remote activation of the device;
(4)(i) requires a purchase of a related product regardless of whether the product has legitimate value;
(4)(j) reveals the prize incrementally, regardless of whether a prize is awarded; or
(4)(k) includes a skill-based game.

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