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Can you summarize 18 CORS Article 10.5?
Criminal Code > SIMULATED GAMBLING DEVICES
Short Summary
The provided legal document governs simulated gambling devices in the context of sweepstakes in Colorado. It applies to electrically or electronically operated machines or devices used by sweepstakes entrants at business locations owned or possessed by persons conducting the sweepstakes or their partners, affiliates, subsidiaries, agents, or contractors. The document defines terms such as ’electronic gaming machine’, ’enter’ or ’entry’, ’entrant’, ‘gambling’, ’local jurisdiction’, and ‘prize’. It clarifies that the exception for gambling set forth in section 18-10-102 (2)(a) does not apply to this article. Simulated gambling devices do not include bona fide amusement devices that are not used for gambling. The definition of ‘simulated gambling device’ encompasses various types of video games, electronic gaming machines, and devices that simulate or function as slot machines. ‘Sweepstakes’ is defined as any game, advertising scheme, or promotion that allows a person to enter to win or become eligible to receive a prize. Exemptions to the definition of ‘prize’ include free or additional play, intangible or virtual awards, and certain paper or electronic coupons. The document was added to the Colorado Revised Statutes in 2015 and has been amended in 2018 and 2019. It prohibits the offering of simulated gambling devices where the person receives payment or consideration in connection with an entrant’s use of the device and an award of a prize is made to a person using the device. Violation of this prohibition is a class 2 misdemeanor. The attorney general and district attorneys may seek injunctive relief, damages, and other appropriate relief against violators. Individuals who suffer loss as a result of a violation and hold a license to offer gambling services may also seek injunctive relief, damages, attorney fees and costs, and other appropriate relief. The document provides exemptions for authorized gaming wagering activities, transactions related to stocks and commodities, and sweepstakes and contests established under Colorado law.
Whom does it apply to?
Persons conducting sweepstakes or their partners, affiliates, subsidiaries, agents, or contractors
What does it govern?
Simulated gambling devices
What are exemptions?
Bona fide amusement devices not used for gambling, authorized gaming wagering activities, transactions related to stocks and commodities, sweepstakes and contests established under Colorado law
What are the Penalties?
Violation is a class 2 misdemeanor, attorney general and district attorneys may seek injunctive relief, damages, and other appropriate relief, individuals who suffer loss and hold a license to offer gambling services may seek injunctive relief, damages, attorney fees and costs, and other appropriate relief
Jurisdiction
Colorado