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Can you summarize ORRS 167.162?
Offenses Against General Welfare and Animals > Gambling device as public nuisance; defense; seizure and destruction.
Short Summary
This legal document, found in the Oregon Revised Statutes, addresses the issue of gambling devices as a public nuisance. It states that any peace officer who finds a gambling device shall seize it and deliver it to the law enforcement agency employing the officer. The agency will hold the device until the court with jurisdiction orders its destruction. If the gambling device has been possessed in violation of ORS 167.147, the court shall adjudge forfeiture and order the device’s destruction. Any coins taken from the device will be delivered to the county treasurer. However, if the defense provided by ORS 167.147 (3) is raised by the defendant, the device shall not be forfeited or destroyed until a final judicial determination finds the defense inapplicable. The seizure of the device constitutes sufficient notice to the owner or person in possession. The court has exclusive jurisdiction to remit or mitigate the forfeiture of any gambling device, except a slot machine seized for a violation of ORS 167.147. The court may allow the claim of a claimant for remission or mitigation if the claimant proves an interest in the device acquired in good faith and without knowledge of its use in violation of gambling laws. The court may also order delivery of the device to a claimant who establishes the right to immediate possession, upon execution of a bond. This document provides the legal framework for the seizure, forfeiture, and destruction of gambling devices in Oregon.
Whom does it apply to?
Peace officers, law enforcement agencies, courts, owners or persons in possession of gambling devices
What does it govern?
Gambling device as public nuisance; defense; seizure and destruction
What are exemptions?
The gambling device or slot machine shall not be forfeited or destroyed if the defense provided by ORS 167.147 (3) is raised by the defendant and a final judicial determination finds the defense applicable
What are the Penalties?
Not specified
Jurisdiction
Oregon