Request By:
Mr. Ronnie G. Dunnigan
Johnson, Dunnigan & Martin
Post Office Box 528
431 Sixteenth Street
Ashland, Kentucky 41101
Opinion
Opinion By: Steven L. Beshear, Attorney General; Elizabeth E. Blackford, Assistant Attorney General
You have written to ask whether the possession of antique slot machines and other coin operated machines for the asthetic and age value thereof with no intent on the part of the owners to use the machines for the advancement of gambling activity would constitute a violation of KRS 528.080. No, it would not. KRS 528.080 prohibits the possession of such devices when the owner thereof believes the machine is to be used in the advancement of unlawful gambling activity. This belief is an essential element of the offense. Brickey, Kentucky Criminal Law, § 25.05. Therefore, when an owner possesses such a device, but has no intent to use the machine or belief that the machine will be used to promote unlawful gambling activity, possession of the muchine does not constitute a violation of KRS 528.080.