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 § 76-9-1408

Title 76Utah Criminal Code

Ch. 76-9Offenses Against Public Order, Health, and Safety

Part 76-9-14Gambling

This text of Utah § 76-9-1408 (Deriving a benefit from a fringe gaming device.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-9-1408 (2026).

Text

(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.