Promoting professional gambling; acts constituting; boat manufacturers; public utilities

Sec. 4. (a) Except as provided in subsections (b) and (d), a person who: (1) knowingly or intentionally owns, manufactures, possesses, buys, sells, rents, leases, repairs, or transports a gambling device, or offers or solicits an interest in a gambling device; (2) before a race, game, contest, or event on which gambling may be conducted, knowingly or intentionally transmits or receives gambling information by any means, or knowingly or intentionally installs or maintains equipment for the transmission or receipt of gambling information; or (3) having control over the use of a place, knowingly or intentionally permits another person to use the place for professional gambling; commits promoting professional gambling, a Level 6 felony. However, the offense is a Level 5 felony if the person has a prior unrelated conviction under this section. (b) Subsection (a)(1) does not apply to a boat manufacturer who: (1) transports or possesses a gambling device solely for the purpose of installing that device in a boat that is to be sold and transported to a buyer; and (2) does not display the gambling device to the general public or make the device available for use in Indiana. (c) When a public utility is notified by a law enforcement agency acting within its jurisdiction that any service, facility, or equipment furnished by it is being used or will be used to violate this section, it shall discontinue or refuse to furnish that service, facility, or equipment, and no damages, penalty, or forfeiture, civil or criminal, may be found against a public utility for an act done in compliance with such a notice. This subsection does not prejudice the right of a person affected by it to secure an appropriate determination, as otherwise provided by law, that the service, facility, or equipment should not be discontinued or refused, or should be restored. (d) Subsection (a)(1) does not apply to a person who: (1) possesses an antique slot machine; (2) restricts display and use of the antique slot machine to the person's private residence; and (3) does not use the antique slot machine for profit. (e) As used in this section, "antique slot machine" refers to a slot machine that is: (1) at least forty (40) years old; and (2) possessed and used for decorative, historic, or nostalgic purposes.