Coin Slot Magazine - #V8N8 - 1983 - April [International Arcade Museum]
Legislative
Alaska considered legal
Within hours of press time
knowing that the device is used or is to
be used in unlawful gambling.
(b) It is an affirmative defense in a
prosecution under this section that the
For your information I have enclosed
a copy of AS 11.66.260 and the
commentary adopted by the legis
fendent was used or intended to be
Alaska allowing the ownership of
lature that accompanied that statute.
In order to commit the crime the
a class A misdemeanor.
collectible slot machines. Deadlines
person must know that the device
for the March issue prevented print
ing of the details about the an
nouncement that Alaska can be
gambling. The commentary to that
for the March issue, The
Coin
Slot
received
in
formation pertaining to the law in
is used or is to be used in unlawful
considered a legal state for the
section stresses that in order to
obtain a conviction "the prosecution
collecting of slot machines. A news
must establish that the defendant
flash was printed on the "Vintage
knew that the device was to be
Collectibles" introduction about the
used in the promotion of unlawful
good news, and the details follow
gambling." Consequently, a person
here.
who possesses an antique slot ma
A bill was being presented to the
chine without the intent to use it in
Alaskan Congress through Senator
Bettye Fahrenkamp titled SB 142,
"An act authorizing the possession
a crime under this section and the
unlawful gambling does not commit
device may not be forfeited under
AS 11.66.270. It also should be
of antique slot machines" The state
felt that the new bill was not necessary
in view of the existing provisions in
legislation pertaining to possession
that a person is not guilty of the
noted
that subsection (b)
gambling device possessed by the de-
used only in a social game.
(c) Possession of a gambling device is
PRIOR CRIMINAL CODE
None.
COMMENTARY
From Senate Journal, 119:
This section prohibits the unlawful
(not all possession just unlawful) pos
session of all gambling devices. Pos
session of agambling device isaclassA
misdemeanor. The term "gambling device",
is defined in Sec. 11.66.280 (3) as "any
device, machine, paraphernalia or equip
ment that is used or usable in the playing
phases of unlawful gambling", other
than lottery tickets or policy slips (pos
session of which is punishable as pos
session of gambling records, Sec.
11.66.230; 240). The definition of gambling
of AS
device also specifically excludes pinball
11.66.260 specifically recognizes
machines that only "pay-off' in free games
of an antique gambling devices and
crime of Possession of a Gambling
the promotion of unlawful gambling
Device even if he occassionally uses
activity.
the device for social gambling, as
The conduct prohibited by the statute
includes the manufacture, sale, trans
portation, and possession of any gambling
device or the conducting or negotiating
of any transaction affecting or designed
possession of antique slot machines
that term is defined in AS 11.66.280
(9).
Consequently, it is the position of
this Department that passage of SB
The existing criminal code is also
142 is unnecessary as the conduct
promotion of unlawful gambling. This
printed with
described in that bill is already ex
culpable mental state requirement
insures that a prima facie case of
Following is the opinion from the
State Attorney General's office as
stated by Barry Stern about the
phrases
the
key words and
pertaining
to
the
inter
pretation of the law emphasized in
bold type.
empt from coverage if the machine
is not intended for use in unlawful
gambling.
If I can be of any further assistance
The Honorable Bettye Fahrenkamp
Senate Resources Committee
Alaska State Legislature
Pouch V, State Capitol
Juneau, Alaska 99811
Re: SB 142, "An Act authorizing
the possession of antique slot
machines."
Dear Senator Fahrenkamp:
to you on this matter, do not hesitate
to contact me at your convenience.
Very truly yours,
WILSON L CONDON
ATTORNEY GENERAL
BY: Barry Jeffrey Stern
Assistant Attorney General
POSSESSION OF A
GAMBLING DEVICE
m
NEW
CODE
.co CRIMINAL
m
:
u
Sec.
1^66.260.
POSSESSION
OF A
m
e
recent inquiry pertaining
to
SB
142,
fro -mus GAMBLING DEVICE (a) A person commits
d
e
"An Act authorizing
possession
of
e
ad
the offense of possession of a gambling
load .arc Specifically
antique slot n machines"
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device if, with knowledge of the character
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you requested
that
I analyze whether
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of the device, he manufactures, sells,
:
the bill is
http necessary in view of the transports, places, or possesses, or
I am writing in response to your
existing provisions in the crime of
Possession of a Gambling Device,
AS 11.66.260.
50
© The International Arcade Museum
conducts or negotiates a transaction
affecting or designed to affect ownership,
custody, or use of, a gambling device
to affect ownership, custody or use of
such
items.
The
prosecution
must
establish that the defendant knew
that the device was to be used in the
possession of a gambling device can
not rest on proof that the defendant
possessed such otherwise innocuous
items as chips or a deck of playing
cards, which would otherwise be covered
because of the broad definition of a
gambling device.
See also TD IV, 120-121.
The Coin Slot salutes Senator
Fahrenkamp for her efforts
on the behalf of collectors in
the state of Alaska and the entire
United States. We encourage col
lectors in every state to pursue
favorable legislation allowing for
the ownership of slot machines 25
years or older, provided they are
not used for unlawful gambling. The
Coin Slot is pleased to color yet
another state on the map as legal
for collectors of slot machines, pro
vided they are not used for gambling.
THE COIN SLOT
http://www.arcade-museum.com/