§712-1224 - Possession of gambling records in the first degree.
§712-1224 Possession of gambling records in
the first degree. (1) A person commits the offense of possession of
gambling records in the first degree if the person knowingly possesses,
produces, or distributes any writing, paper, instrument, or article:
(a) Of a kind commonly used in the operation or
promotion of a bookmaking scheme or enterprise, and constituting, reflecting,
or representing more than five bets totaling more than $500; or
(b) Of a kind commonly used in the operation,
promotion, or playing of a lottery or mutuel scheme or enterprise, and
constituting, reflecting, or representing more than one hundred plays or
chances therein or one play or chance wherein the winning amount exceeds
$5,000.
(2) Possession of gambling records in the first
degree is a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1;
am L 1980, c 174, §1; gen ch 1993]
Case Notes
In a prosecution for violation of subsection (1)(a), it is
not necessary to prove the occurrence of a sporting event; gambling records
were properly admitted although there was no showing of a chain of custody; not
unconstitutionally vague. 63 H. 342, 627 P.2d 282.