2015 ORS 167.132¹
Possession of gambling records in the second degree

(1) A person commits the crime of possession of gambling records in the second degree if, with knowledge of the contents thereof, the person possesses any writing, paper, instrument or article:

(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or

(b) Of a kind commonly used in the operation, promotion or playing of a lottery or numbers scheme or enterprise.

(2) Possession of gambling records in the second degree is a Class A misdemeanor. [1971 c.743 §266]

Notes of Decisions

Require­ment of "knowledge of the contents thereof" saves this sec­tion from unconstitu­tionality for vagueness. State v. Yancey, 32 Or App 477, 574 P2d 358 (1978)

Where cards seized as evidence of gambling viola­tion appeared to be kind of unvalidated merchandise token, court permitted return of por­tion of cards to defendant since it was not certain that such cards were of type used for lottery purposes. State v. Terry, 37 Or App 333, 587 P2d 1033 (1978)

Atty. Gen. Opinions

Construing pro­vi­sions against promo­tion of social gambling, (1971) Vol 35, p 1004

Chapter 167

Atty. Gen. Opinions

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 167—Offenses Against General Welfare and Animals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors167.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano167.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.