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The lynchpin of these is:
NRS 465.075 Use of device for calculating probabilities. It is
unlawful for any person at a licensed gaming establishment to use, or
possess with the intent to use, any device to assist:
1. In projecting the outcome of the game;
2. In keeping track of the cards played;
3. In analyzing the probability of the occurrence of an event
relating to the game; or
4. In analyzing the strategy for playing or betting to be used
in the game,
Êxcept as permitted by the Commission.
(Added to NRS by 1985, 970)
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Now, nowhere in the statute is there a specific definition of "any
person". This leaves room for the interpretation that it was intended
to apply to non-employees -- rather to patrons, etc. only. The
context in which the phrase "any person" is applied elsewhere in the
statute would support this.
However, even if this interpretation is cast aside, the text "Except
as permitted by the Commission" is a glaring loophole. If these
devices were approved by the Commission in some fashion, then this
section of the statute isn't violated.
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Concerning the other statutes cited in the complaint, I read them as
all resting on the interpreation of 465.075 noted above:
465.080(2)(b), in short, states it's unlawful to use a device the
violates the provision of cp. 465.
-- 465.075 is the only provision I see cited specifically in this
complaint, and from I see, is the only provision that potentially
applies. If the equipment should be deemed compliant with 465.075,
then this section isn't violated.
465.080(3), in short, states that it's unlawful for any person, not
acting in the capacity as a licensee employee, to possess any device
intended to be used to violate cp. 465.
-- This would not appear to be applicable to the complaint.
465.085(1), in short, states that it's unlawful to manufacture, well,
or distribute any device violating any provision of cp. 465.
-- Again, if the equipment is compliant with 465.075, the section
isn't violated.
465.085(3), in short, states that it's unlawful to instruct a person
in the use of a device violating 465.
-- This complaint again rests with the interpretation of 465.075.
465.088 simply defines these acts as felonies.
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So, take this post for what it's worth -- I'm merely a financial
analyst with a couple of basic business law courses under my belt.
But I see the "Exception" provision of 465.075 as pretty much
invalidating the complaint should it be the case that in some manner
the Gaming Commission approved this equipment for use in Nevada.
- Harry