Utah Code 76-10-1110. Fringe gaming devices

76-10-1110. Fringe gaming devices.

(1)

Notwithstanding any other provision in Title 76, Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals, it is unlawful for any person to derive or intend to derive an economic benefit from a fringe gaming device by:

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class A misdemeanor	up to 364 days	up to $2,500

For details, see Utah Code § 76-3-204

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Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
Prize: means a gift, award, gratuity, good, service, credit, or anything else of value that may be or is transferred to an individual or placed on an account or other record with the intent to be transferred to an individual. See Utah Code 76-10-1101
Skill-based game: means a game, played on a machine or device, the outcome of which is based, in whole or in part, on the skill of the player, regardless of whether a degree of chance is involved. See Utah Code 76-10-1101

Sweepstakes: means a game, advertising scheme, marketing scheme, or other promotion:

(a)	that an individual may enter with or without payment of any consideration;

(b)	that qualifies the person to win a prize; and

(c)	the result of which is based on chance. See Utah Code 76-10-1101
(a)	permitting a fringe gaming device to be located on or in any real or personal property owned, rented, or under the control of the person;

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

(c)	inducing or aiding a person to use a fringe gaming device;

(d)	investing in, financing, owning, controlling, or otherwise managing a fringe gaming device; or

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

(2)

Subsection (1) 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.

(3)	Each violation of this section is a separate offense.

(4)

A person who violates this section is guilty of:

(a)	a class A misdemeanor for the first offense; or

(b)	a third degree felony for a subsequent offense.

Enacted by Chapter 291, 2020 General Session