2011 ORS § 167.164¹
Possession of a gray machine
  • penalty
  • defense

(1) On and after December 1, 1991, 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.

(2) Possession of a gray machine is a Class C felony.

(3) 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, and shall give rise to civil in rem forfeiture as provided in ORS chapter 131A. A judgment providing for forfeiture may direct that the machine be destroyed.

(4) 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]

Note: Sections 1 and 2, chapter 382, Oregon Laws 2011, provide:

Sec. 1. (1) The Oregon State Police, in collaboration with the Oregon State Lottery Commission, shall convene a work group to develop recommendations for the implementation of a process for certifying that amusement devices placed in premises licensed by the Oregon Liquor Control Commission are not gray machines as defined in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530). The work group shall include:

(a) One representative of the Oregon State Police;

(b) One representative of the Oregon State Lottery Commission;

(c) One manufacturer of amusement devices;

(d) One distributor of amusement devices; and

(e) One holder of a full or limited on-premises sales license issued by the Oregon Liquor Control Commission who is a video lottery game retailer, as defined in ORS 461.217 (Video lottery game regulation).

(2) The recommendations developed by the work group shall include:

(a) A procedure for determining if an amusement device is a gray machine; and

(b) A process by which the Oregon State Police shall certify that a device is not a gray machine.

(3) The work group shall report the recommendations developed under this section to an interim legislative committee related to criminal justice on or before July 1, 2012. [2011 c.382 §1]

Sec. 2. Section 1 of this 2011 Act is repealed on the date of the convening of the 2013 regular session of the Legislative Assembly as specified in ORS 171.010 (Time and place of holding regular legislative sessions) [February 4, 2013]. [2011 c.382 §2]