Sec. 3.5. (a) Except as provided in subsection (c), a person who possesses an electronic gaming device commits a Class A infraction.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 5 felonybetween 1 and 6 yearsup to $10,000
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-7

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Terms Used In Indiana Code 35-45-5-3.5

  • Conviction: A judgement of guilt against a criminal defendant.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) A person who knowingly or intentionally accepts or offers to accept for profit, money, or other property risked in gambling on an electronic gaming device possessed by the person commits maintaining a professional gambling site, a Level 6 felony. However, the offense is a Level 5 felony if the person has a prior unrelated conviction under this subsection.

     (c) Subsection (a) does not apply to a person who:

(1) possesses an antique slot machine;

(2) restricts display and use of the antique slot machine to the person’s private residence; and

(3) does not use the antique slot machine for profit.

     (d) As used in this section, “antique slot machine” refers to a slot machine that is:

(1) at least forty (40) years old; and

(2) possessed and used for decorative, historic, or nostalgic purposes.

As added by P.L.227-2007, SEC.66. Amended by P.L.158-2013, SEC.532.