2021 Colorado Code
Title 44 - Revenue - Regulation of Activities
Article 30 - Colorado Limited Gaming Act
Part 8 - Unlawful Acts
§ 44-30-824. Use of Counterfeit or Unapproved Chips or Tokens or Unlawful Coins or Devices - Possession of Certain Unlawful Devices, Equipment, Products, or Materials

1. It is unlawful for any licensee, employee, or other person to use counterfeit chips in any limited gaming activity.
2. It is unlawful for a person, in playing or using a limited gaming activity designed to be played with, to receive, or to be operated by chips, tokens, or other wagering instruments approved by the commission or by lawful coin of the United States of America:
   1. Knowingly to use anything other than chips or tokens approved by the commission or lawful coin, legal tender of the United States of America, or to use coin not of the same denomination as the coin intended to be used in that limited gaming activity; or
   2. To use any device or means to violate the provisions of this article 30.

3. It is unlawful for any person to possess any device, equipment, or material that he or she knows has been manufactured, distributed, sold, tampered with, or serviced in violation of the provisions of this article 30.
4. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to have on his or her person or in his or her possession any device intended to be used to violate the provisions of this article 30.
5. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to have on his or her person or in his or her possession while on the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering, or affecting the operation of any limited gaming activity, drop box, or electronic or mechanical device connected thereto, or for removing money or other contents therefrom.
6. Possession of more than one of the devices, equipment, products, or materials described in this section shall give rise to a rebuttable presumption that the possessor intended to use them for cheating.
7. It is unlawful for any person to use or possess while on the premises any cheating or thieving device, including but not limited to, tools, drills, wires, coins, or tokens attached to strings or wires or electronic or magnetic devices, to facilitate the alignment of any winning combination or to facilitate removing from any slot machine any money or contents thereof, unless the person is a duly authorized gaming employee acting in the furtherance of his or her employment.
8. Any person violating any provision of this section commits a class 6 felony and shall be punished as provided in section 18-1.3-401; except that, if the person is a repeating gambling offender, the person commits a class 5 felony and shall be punished as provided in section 18-1.3-401.

History. Source: L. 2018: Entire article added with relocations,(SB 18-034), ch. 14, p. 213, § 2, effective October 1.

This section is similar to former § 12-47.1-825 as it existed prior to 2018.

In adopting the Limited Gaming Act of 1991, including the specific offenses included in this section, the general assembly intended that offenses defined in this section be prosecuted under the specific provisions of the act or under article 20 of title 18, C.R.S., rather than under the general offenses specified in other portions of title 18. Therefore, the district attorney had no discretion to charge the defendant with the broader offenses of burglary and possession of burglary tools for actions that violated the specific provisions of this section. People v. Warner, 930 P.2d 564 (Colo. 1996) (decided under former § 12-47.1-825 ).