(1) Whoever knowingly owns, manufactures, possesses, buys, sells, rents, leases, finances, holds a security interest in, stores, repairs, or transports any gambling device or offers or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a class C felony and shall be fined not more than one hundred thousand dollars or imprisoned not more than five years or both.

     (2) This section does not apply to persons licensed by the commission, or who are otherwise authorized by this chapter, or by commission rule, to conduct gambling activities without a license, respecting devices that are to be used, or are being used, solely in that activity for which the license was issued, or for which the person has been otherwise authorized if:

     (a) The person is acting in conformance with this chapter and the rules adopted under this chapter; and

     (b) The devices are a type and kind traditionally and usually employed in connection with the particular activity.

     (3) This section also does not apply to any act or acts by the persons in furtherance of the activity for which the license was issued, or for which the person is authorized, when the activity is conducted in compliance with this chapter and in accordance with the rules adopted under this chapter.

     (4) In the enforcement of this section direct possession of any such a gambling device is presumed to be knowing possession thereof.

[2003 c 53 § 35; 1994 c 218 § 9.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Effective date -- 1994 c 218: See note following RCW 9.46.010.