A person does not commit the crime of possession of gambling records in either degree if the writing, paper, instrument or article possessed by the defendant is neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or mutuel scheme or enterprise. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
Structure Code of Alabama
Chapter 12 - Offenses Against Public Health and Morals.
Article 2 - Gambling Offenses.
Division 1 - General Provisions.
Section 13A-12-20 - Definitions.
Section 13A-12-21 - Simple Gambling.
Section 13A-12-22 - Promoting Gambling.
Section 13A-12-23 - Conspiracy to Promote Gambling.
Section 13A-12-24 - Possession of Gambling Records in the First Degree.
Section 13A-12-25 - Possession of Gambling Records in the Second Degree.
Section 13A-12-26 - Defense to Prosecution for Possession of Gambling Records.
Section 13A-12-27 - Possession of Gambling Device.
Section 13A-12-28 - Prima Facie Proof of Gambling Offenses.
Section 13A-12-30 - Forfeiture of Gambling Devices and Gambling Proceeds.
Section 13A-12-31 - Legalized Pari-Mutuel Betting Not Affected.