Possession of Gambling Device, Equipment, or Paraphernalia – Texas Penal Code §47.06

The Texas Possession of Gambling Device, Equipment, or Paraphernalia law gives police the right to arrest you if they believe you owned, manufactured, transferred, or possessed gambling equipment or gambling device with the intent to “further gambling.”

The Texas legislature codified this criminal offense in Texas Penal Code Section 47.06. The law was not updated in 2025. In fact, this law has not been amended since 1993.

Gambling is generally illegal in Texas, and this law is only one of several gambling-related criminal offenses in Texas. Learn more about other gambling laws here.

The Penal Code classifies the Texas Possession of Gambling Device, Equipment, or Paraphernalia law under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 47 “Gambling.” Learn more about the Texas offense of Possession of Gambling Device, Equipment, or Paraphernalia below.

What is the current Texas law about Possession of Gambling Device, Equipment, or Paraphernalia?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Possession of Gambling Device, Equipment, or Paraphernalia in Penal Code Section §47.06, as follows:^[1]

(a) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of a gambling device.

(b) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers commercially, or possesses any altered gambling equipment that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of such device.

(c) A person commits an offense if, with the intent to further gambling, the person knowingly owns, manufactures, transfers commercially, or possesses gambling paraphernalia.

What is the penalty for a Texas Possession of Gambling Device, Equipment, or Paraphernalia offense?

A conviction for Possession of Gambling Device, Equipment, or Paraphernalia in Texas is punished as a Class A misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

What are the other gambling laws?

The Possession of Gambling Device, Equipment, or Paraphernalia law is only one of the crimes related to gambling in Texas.

Other criminal offenses in Texas related to gambling include:

• PC 47.02 – Gambling
• PC 47.03 – Gambling Promotion
• PC 47.04 – Keeping a Gambling Place
• PC 47.05 – Communicating Gambling Information

How can I be charged with a Possession of Gambling Device, Equipment, or Paraphernalia offense in Texas?

You can be charged with Possession of Gambling Device, Equipment, or Paraphernalia if the state’s attorneys believe that each of the elements of §47.06(a), (b) or (c), as described in the section above, have been met.

What is the statute of limitations for Possession of Gambling Device, Equipment, or Paraphernalia in Texas?

As a misdemeanor, Possession of Gambling Device, Equipment, or Paraphernalia charges have a two-year limitations period.^[3]

Can you get probation for Possession of Gambling Device, Equipment, or Paraphernalia in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Possession of Gambling Device, Equipment, or Paraphernalia, and judges are also allowed to accept deferred adjudication plea deals.^[4]

What level of crime is Possession of Gambling Device, Equipment, or Paraphernalia in Texas?

The Penal Code classifies Possession of Gambling Device, Equipment, or Paraphernalia as a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §47.06. This law is current as of 2025.^2. Texas Penal Code §47.06(e)^3. See Code of Criminal Procedure 12.02(a)^4. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102