§712-1227 Possession of gambling records; defense. In any prosecution under sections 712-1224 and [712-1225], 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.
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