2011 Kansas Code
Chapter 21. - CRIMES AND PUNISHMENTS
Article 43. - CRIMES AGAINST THE PUBLIC MORALS
21-4306 Dealing in gambling devices.

21-4306. Dealing in gambling devices. (a) Dealing in gambling devices is manufacturing, transferring or possessing with intent to transfer any gambling device or sub-assembly or essential part thereof.

(b) Proof of possession of any device designed exclusively for gambling purposes, which device is not set up for use or which is not in a gambling place, creates a presumption of possession with intent to transfer.

(c) Dealing in gambling devices is a severity level 8, nonperson felony.

(d) It shall be a defense to a prosecution under this section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession.  A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950.

(e) It shall be a defense to a prosecution under this section that the gambling device or sub-assembly or essential part thereof is manufactured, transferred or possessed by a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. 1171 et seq.) or a transporter under contract with such manufacturer with intent to transfer for use:

(1) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;

(2) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;

(3) in a state other than the state of Kansas; or

(4) tribal gaming.