Possession of Gambling Device, Equipment, or Paraphernalia

Texas Criminal Law

The Possession of Gambling Device, Equipment, or Paraphernalia crime in the state of Texas gives police the right to arrest you if they believe you own, manufacture, transfer, or possess gambling equipment or gambling device with the intent to further gambling. Learn more detailed information about the Possession of Gambling Device, Equipment, or Paraphernalia offense below.

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Possession of Gambling Device, Equipment, or Paraphernalia is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 47 “Gambling.

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

The current Texas law defines the offense of 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.

How can I be charged with Possession of Gambling Device, Equipment, or Paraphernalia?

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 punishment for Possession of Gambling Device, Equipment, or Paraphernalia?

A conviction for Possession of Gambling Device, Equipment, or Paraphernalia 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. Learn about the differences between grades of felonies and misdemeanors


Legal References:

^1. Texas Penal Code §47.06^2. Texas Penal Code §47.06(e)


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