New York statute
N.Y. Penal Law § 225.32 — Possession of a gambling device; defenses
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 225: Gambling Offenses, New York Penal Law.
Full text of N.Y. Penal Law § 225.32
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
225.32 Possession of a gambling device; defenses.
1. In any prosecution for possession of a gambling device specified in
subdivision one of section 225.30 of this article, it is an affirmative
defense that: (a) the slot machine possessed by the defendant was
neither used nor intended to be used in the operation or promotion of
unlawful gambling activity or enterprise and that such slot machine is
an antique; for purposes of this section proof that a slot machine was
manufactured prior to nineteen hundred forty-one shall be conclusive
proof that such a machine is an antique; (b) the slot machine possessed
by the defendant was manufactured or assembled by the defendant for the
sole purpose of transporting such slot machine in a sealed container to
a jurisdiction outside this state for purposes which are lawful in such
outside jurisdiction; or (c) the slot machine possessed by the defendant
was neither used nor intended to be used in the operation or promotion
of unlawful gambling activity or enterprise, is more than thirty years
old, and such possession takes place in the defendant's home.
2. Where a defendant raises an affirmative defense provided by
subdivision one hereof, any slot machine seized from the defendant shall
not be destroyed, or otherwise altered until a final court determination
is rendered. In a final court determination rendered in favor of said
defendant, such slot machine shall be returned, forthwith, to said
defendant, notwithstanding any provisions of law to the contrary.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.