528.060 Possession of gambling records in the second degree. (1) A person is guilty of possession of gambling records in the second degree when, with knowledge of the contents thereof he possesses any writing, paper, instrument or articles of a kind commonly used: (a) (b) In the operation or promotion of a bookmaking scheme or enterprise; or In the operation, promotion or playing of a lottery or mutuel scheme or enterprise. (2) It shall be a defense to any prosecution under this section that: (a) The writing, paper, instrument, or article possessed by the defendant constituted, reflected, or represented bets of the defendant himself in a number not exceeding ten (10); or (b) The writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise. (3) Possession of gambling records in the second degree is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 245, effective January 1, 1975.
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