§ 225.32 Possession of a gambling device; defenses.
1. In any prosecution for possession of a gambling device specified
in subdivision one of section 225.30 of this chapter, it is an affirma-
tive defense that: (a) the slot machine possessed by the defendant was
neither used nor intended to be used in the operation or promotion of
unlawful gambling activity or enterprise and that such slot machine is
an antique; for purposes of this section proof that a slot machine was
manufactured prior to nineteen hundred forty-one shall be conclusive
proof that such a machine is an antique; (b) the slot machine possessed
by the defendant was manufactured or assembled by the defendant for the
sole purpose of transporting such slot machine in a sealed container to
a jurisdiction outside this state for purposes which are lawful in such
outside jurisdiction; (c) the slot machine possessed by the defendant
was neither used nor intended to be used in the operation or promotion
of unlawful gambling activity or enterprise, is more than thirty years
old, and such possession takes place in the defendant's home; or (d) the
slot machine was transported into this state in a sealed container for
the purpose of product development, research, or additional manufacture
or assembly, and such slot machine will be or has been transported in a
sealed container to a jurisdiction outside of this state for purposes
which are lawful in such outside jurisdiction.
2. Where a defendant raises an affirmative defense provided by subdi-
vision one hereof, any slot machine seized from the defendant shall not
be destroyed, or otherwise altered until a final court determination is
rendered. In a final court determination rendered in favor of said
defendant, such slot machine shall be returned, forthwith, to said
defendant, notwithstanding any provisions of law to the contrary.