Full text of Utah Utah Code § 76-9-1408 — Deriving a benefit from a fringe gaming device., with citation guidance and answers to common questions.
§ 76-9-1408. Deriving a benefit from a fringe gaming device.
Effective 5/7/2025
76-9-1408.
Deriving a benefit from a fringe gaming device.
| (2) | An actor commits deriving a benefit from a fringe gaming device if the actor:
| (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; |
| (b) | allows individual or public access or use of a fringe gaming device as part of a business owned or operated by the actor; |
| (c) | induces or aids an individual to use a fringe gaming device; |
| (d) | invests in, finances, owns, controls, or otherwise manages a fringe gaming device; or |
| (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. |
| (b) | A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of a violation of Subsection (2). |
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| (4) | This section applies regardless of whether the fringe gaming device:
| (b) | uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry; |
| (c) | uses a simulated game to influence or determine the result of the simulated game or the value of a prize; |
| (d) | selects the winner of a prize from a predetermined or finite pool of entries; |
| (e) | includes a pre-reveal feature; |
| (f) | predetermines a prize and reveals the prize at the time a sweepstakes entry result is revealed; |
| (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; |
| (h) | requires direct payment into the machine or device or remote activation of the device; |
| (i) | requires a purchase of a related product regardless of whether the product has legitimate value; |
| (j) | reveals the prize incrementally, regardless of whether a prize is awarded; or |
| (k) | includes a skill-based game. |
|
Renumbered and Amended by Chapter
173, 2025 General Session
Frequently Asked Questions About Utah § 76-9-1408
What does Utah Code § 76-9-1408 cover?
Section 76-9-1408 ("Deriving a benefit from a fringe gaming device.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-9-1408?
A common citation format is "Utah Code § 76-9-1408" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-9-1408 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
