(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.

Attorney's Note

Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $125,000
For details, see Or. Rev. Stat.161.605

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Terms Used In Oregon Statutes 167.164

(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. [1991 c.962 § 5; 1999 c.59 § 33; 2009 c.78 § 58; 2013 c.128 § 1]

 

[Repealed by 1963 c.340 § 1 (167.170 enacted in lieu of 167.165)]