Possession of cheating and swindling device or game; penalty
M.G.L. c. 23K, § 40
in effectc. 23K, § 40. Possession of cheating and swindling device or game; penalty
Section 40. (a) Whoever possesses a cheating and swindling device or game, with the intent to defraud, cheat or steal, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine not to exceed $10,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $100,000.
(b) Possession of a cheating and swindling device or game within a gaming establishment shall constitute prima facie evidence of an intent to defraud, cheat or steal, except possession by a gaming licensee or an employee of a gaming licensee, acting lawfully in furtherance of such person's employment within the gaming establishment, and shall be punished by imprisonment in the house of correction for not more than 21/2 years or a fine not to exceed $10,000, or both.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter23K/Section40Fetched: 10/20/2026