Utah criminal charge
Possessing a gambling device or record in Utah
Possessing a gambling device or record is a criminal offense under Utah law, defined by Utah Code Ann. § 76-9-1407. Its classification is not fixed: Utah 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 Utah Code Ann. § 76-9-1407.
What is the penalty for possessing a gambling device or record in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Possessing a gambling device or record — first offense — Applies to a violation of Subsection (2) except when the actor has a prior conviction under that subsection.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Possessing a gambling device or record — first offense — Applies to a violation of Subsection (2) except when the actor has a prior conviction under that subsection.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Possessing a gambling device or record — subsequent offense — Applies to a violation of Subsection (2) when the actor has previously been convicted of a violation of Subsection (2).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Possessing a gambling device or record — subsequent offense — Applies to a violation of Subsection (2) when the actor has previously been convicted of a violation of Subsection (2).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is possessing a gambling device or record classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possessing a gambling device or record — first offense | Class A Misdemeanor | Applies to a violation of Subsection (2) except when the actor has a prior conviction under that subsection. | Utah Code Ann. § 76-9-1407(3)(a) |
| Possessing a gambling device or record — subsequent offense | Third Degree Felony | Applies to a violation of Subsection (2) when the actor has previously been convicted of a violation of Subsection (2). | Utah Code Ann. § 76-9-1407(3)(b) |
Common questions about possessing a gambling device or record in Utah
Is possessing a gambling device or record a felony or a misdemeanor in Utah?
It depends on the circumstances: possessing a gambling device or record ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-9-1407.
Possessing a gambling device or record — first offense: Class A Misdemeanor (Utah Code Ann. § 76-9-1407(3)(a)) · Possessing a gambling device or record — subsequent offense: Third Degree Felony (Utah Code Ann. § 76-9-1407(3)(b))
What are the penalties for possessing a gambling device or record in Utah?
Which Utah statute covers possessing a gambling device or record?
Possessing a gambling device or record is governed by Utah Code Ann. § 76-9-1407 (Possessing a gambling device or record).
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.