§712-1224  Possession of gambling records in the first degree.  (1)  A person commits the offense of possession of gambling records in the first degree if the person knowingly possesses, produces, or distributes any writing, paper, instrument, or article:

     (a)  Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting, or representing more than five bets totaling more than $500; or

     (b)  Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise, and constituting, reflecting, or representing more than one hundred plays or chances therein or one play or chance wherein the winning amount exceeds $5,000.

     (2)  Possession of gambling records in the first degree is a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1980, c 174, §1; gen ch 1993]

Case Notes

  In a prosecution for violation of subsection (1)(a), it is not necessary to prove the occurrence of a sporting event; gambling records were properly admitted although there was no showing of a chain of custody; not unconstitutionally vague.  63 H. 342, 627 P.2d 282 (1981).