Indiana criminal charge
Possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes in Indiana
Possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes is a criminal offense under Indiana law, defined by Ind. Code § 35-45-5-3.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-5-3.5.
What is the penalty for possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $10,000 (Possession of electronic gaming device — A person possesses an electronic gaming device, unless the antique slot machine exception in subsection (c) applies.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
| Jail / prison | 6 months to 30 months (Maintaining a professional gambling site — A person knowingly or intentionally accepts or offers to accept, for profit, money or other property risked in gambling on an electronic gaming device the person possesses.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Maintaining a professional gambling site — A person knowingly or intentionally accepts or offers to accept, for profit, money or other property risked in gambling on an electronic gaming device the person possesses.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Maintaining a professional gambling site — prior conviction — The offense described in subsection (b) is committed by a person who has a prior unrelated conviction under that subsection.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Maintaining a professional gambling site — prior conviction — The offense described in subsection (b) is committed by a person who has a prior unrelated conviction under that subsection.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of electronic gaming device | Class A Infraction | A person possesses an electronic gaming device, unless the antique slot machine exception in subsection (c) applies. | Ind. Code § 35-45-5-3.5(a) |
| Maintaining a professional gambling site | Level 6 Felony | A person knowingly or intentionally accepts or offers to accept, for profit, money or other property risked in gambling on an electronic gaming device the person possesses. | Ind. Code § 35-45-5-3.5(b) |
| Maintaining a professional gambling site — prior conviction | Level 5 Felony | The offense described in subsection (b) is committed by a person who has a prior unrelated conviction under that subsection. | Ind. Code § 35-45-5-3.5(b) |
Common questions about possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes in Indiana
Is possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes a felony or a misdemeanor in Indiana?
It depends on the circumstances: possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes ranges from a Class A Infraction to a Level 5 Felony in Indiana under Ind. Code § 35-45-5-3.5.
Possession of electronic gaming device: Class A Infraction (Ind. Code § 35-45-5-3.5(a)) · Maintaining a professional gambling site: Level 6 Felony (Ind. Code § 35-45-5-3.5(b)) · Maintaining a professional gambling site — prior conviction: Level 5 Felony (Ind. Code § 35-45-5-3.5(b))
What are the penalties for possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes in Indiana?
Penalties for possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes in Indiana depend on how it is classified — from a Class A Infraction up to a Level 5 Felony — with the ranges set by Ind. Code § 34-28-5-4, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes?
Possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes is governed by Ind. Code § 35-45-5-3.5 (Possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.