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Utah statute

Utah Code Ann. § 76-9-1408 — Deriving a benefit from a fringe gaming device.

Current through 2026 General Session

Part of Part 14: Gambling, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-9-1408

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-9-1408Primary source, current through the 2026 General Session
(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section. (2) An actor commits deriving a benefit from a fringe gaming device if the actor: (2)(a) permits a fringe gaming device to be located on or in real or personal property owned, rented, or under the control of the actor; (2)(b) allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor; (2)(c) induces or aids an individual to use a fringe gaming device; (2)(d) invests in, finances, owns, controls, or otherwise manages a fringe gaming device; or (2)(e) possesses a fringe gaming device with the intent to use or allow another individual to use the fringe gaming device. (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. (3)(b) A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of a violation of Subsection (2). (4) This section applies regardless of whether the fringe gaming device: (4)(a) is server-based; (4)(b) uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry; (4)(c) uses a simulated game to influence or determine the result of the simulated game or the value of a prize; (4)(d) selects the winner of a prize from a predetermined or finite pool of entries; (4)(e) includes a pre-reveal feature; (4)(f) predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed; (4)(g) requires deposit of any money, coin, token, or gift certificate, or the use of a credit card, debit card, prepaid card, or any other method of payment to activate the device; (4)(h) requires direct payment into the machine or device or remote activation of the device; (4)(i) requires a purchase of a related product regardless of whether the product has legitimate value; (4)(j) reveals the prize incrementally, regardless of whether a prize is awarded; or (4)(k) includes a skill-based game.

Official sources

Legal terms used in this section

Questions this section answers

Is deriving a benefit from a fringe gaming device a felony or a misdemeanor in Utah?

It depends on the circumstances: deriving a benefit from a fringe gaming device ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-9-1408.

Deriving a benefit from a fringe gaming device — first offense: Class A Misdemeanor (Utah Code Ann. § 76-9-1408(3)(a)) · Deriving a benefit from a fringe gaming device — subsequent offense: Third Degree Felony (Utah Code Ann. § 76-9-1408(3)(b))

Which Utah statute covers deriving a benefit from a fringe gaming device?

Deriving a benefit from a fringe gaming device is governed by Utah Code Ann. § 76-9-1408 (Deriving a benefit from a fringe gaming device).

This reference is informational and is not legal advice.