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Current as of January 01, 2023 | Updated by Findlaw Staff
(1) A person commits the crime of possession of a gray machine if the person manufactures, sells, leases, transports, places, possesses or services a gray machine or conducts or negotiates a transaction affecting or designed to affect the ownership, custody or use of a gray machine.
(2) Possession of a gray machine is a Class C felony.
(3) If any device is seized by a law enforcement agency based on a contention that the device is a gray machine, and a motion for return or restoration of the device is filed under ORS 133.633, the burden of proof is on the state to establish that the device is in fact a gray machine.
(4) Violation of, solicitation to violate, attempt to violate or conspiracy to violate subsection (1) of this section constitutes prohibited conduct for purposes of ORS chapter 131A. A device that is claimed to be a gray machine may be destroyed or otherwise disposed of only if a judgment of forfeiture has been entered under ORS 131.550 to 131.600 or ORS chapter 131A.
(5) It is a defense to a charge of possession of a gray machine if the machine that caused the charge to be brought was manufactured prior to 1958 and was not operated for purposes of unlawful gambling.
Cite this article: FindLaw.com - Oregon Revised Statutes Crimes and Punishments § 167.164 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-16-crimes-and-punishments/or-rev-st-sect-167-164/
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