§712-1227  Possession of gambling records;
defense.  In any prosecution under sections 712-1224 and 1225, it is a
defense that the writing, paper, instrument, or article possessed by the
defendant was neither used nor intended to be used in the advancement of
gambling activity, except for records used in social gambling. [L 1972, c 9, pt
of §1; am L 1973, c 201, pt of §1]



 



COMMENTARY ON §712-1227



 



  This section establishes a defense in a prosecution under
§§712-1224 and 1225.  It is a defense to such a prosecution that the record
possessed is "neither used nor intended to be used in the advancement of
gambling activity, except for records used in social gambling."  In view
of the relaxed standards provided in §§712-1224 and 1225 (i.e., possession of
an article "of a kind commonly used..."), a defense has been provided
for those defendants who are able to produce some evidence which raises a
reasonable doubt that their possession of the records was preparatory to
unlawful gambling.



  This section was originally numbered as §712-1226, but was
renumbered by Act 201, Session Laws 1973.