Oregon Statutes 167.164 – Possession of a gray machine; disposition of machine; defense
(1) A person commits the crime of possession of a gray machine if the person manufactures, sells, leases, transports, places, possesses or services a gray machine or conducts or negotiates a transaction affecting or designed to affect the ownership, custody or use of a gray machine.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $125,000 |
Terms Used In Oregon Statutes 167.164
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Violate: includes failure to comply. See Oregon Statutes 174.100
(2) Possession of a gray machine is a Class C felony.
(3) If any device is seized by a law enforcement agency based on a contention that the device is a gray machine, and a motion for return or restoration of the device is filed under ORS § 133.633, the burden of proof is on the state to establish that the device is in fact a gray machine.
(4) Violation of, solicitation to violate, attempt to violate or conspiracy to violate subsection (1) of this section constitutes prohibited conduct for purposes of ORS Chapter 131A. A device that is claimed to be a gray machine may be destroyed or otherwise disposed of only if a judgment of forfeiture has been entered under ORS § 131.550 to 131.600 or ORS Chapter 131A.
(5) It is a defense to a charge of possession of a gray machine if the machine that caused the charge to be brought was manufactured prior to 1958 and was not operated for purposes of unlawful gambling. [1991 c.962 § 5; 1999 c.59 § 33; 2009 c.78 § 58; 2013 c.128 § 1]
[Repealed by 1963 c.340 § 1 (167.170 enacted in lieu of 167.165)]