76-9-1408. Deriving a benefit from a fringe gaming device.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(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:

(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;

(b)allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor;

(c)induces or aids an individual to use a fringe gaming device;

(d)invests in, finances, owns, controls, or otherwise manages a fringe gaming device; or

(e)possesses a fringe gaming device with the intent to use or allow another individual to use the fringe gaming device.

(a)Except as provided in Subsection (3)(b), a violation of Subsection

(2)is a class A misdemeanor.

(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:

(a)is server-based;

(b)uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry;

(c)uses a simulated game to influence or determine the result of the simulated game or the value of a prize;

(d)selects the winner of a prize from a predetermined or finite pool of entries;

(e)includes a pre-reveal feature;

(f)predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed;

(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;

(h)requires direct payment into the machine or device or remote activation of the device;

(i)requires a purchase of a related product regardless of whether the product has legitimate value;

(j)reveals the prize incrementally, regardless of whether a prize is awarded; or

(k)includes a skill-based game.

Renumbered and Amended by Chapter 173 , 2025 General Session