Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 1405 (2026)

Possessing a gambling device; class A misdemeanor

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(a) A person is guilty of possessing a gambling device when the person knowingly manufactures, sells, transports, keeps, exhibits, manages, places, possesses or conducts or negotiates any transaction affecting or designed to effect ownership, custody or use of a slot machine or any other gambling device.

(b) Possessing a gambling device is a class A misdemeanor.

(c) A person is not guilty of a violation of this section if the device or machine is either:

(1) An antique slot machine which is not used for gambling purposes; or

(2) Any slot machine or gambling device which is manufactured (including, without limitation, the retrofitting or alteration of a finished machine or device), assembled, transported, kept, exhibited, managed, placed or possessed by a person within this State or which is the subject of any negotiation which involves a transaction affecting or designed to affect the ownership, custody or use of such machine or device by such person in this State where:

a. Such person is duly licensed to conduct a manufacturing or other business in this State; and

b. Such person is registered in accordance with the federal Gambling Devices Act of 1962 as amended (15 U.S.C. § 1171 et seq.) and is in the business of designing, assembling, manufacturing, selling, supplying, repairing or retrofitting slot machines, gambling devices or component parts thereof exclusively for lawful possession and use.

(d) For purposes of this section, a slot machine is an antique machine if such machine is at least 25 years old.

(e) For purposes of this section, a “video lottery machine,” as defined in § 4803 of Title 29, which is owned or leased by the State for use in the Delaware video lottery shall not constitute either a slot machine or a gaming device.

11 Del. C. 1953, §  1405;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  68 Del. Laws, c. 252, §  1;  69 Del. Laws, c. 375, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 421, §§  1, 2;  77 Del. Laws, c. 219, §  4;  78 Del. Laws, c. 245, §  1; 
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: State v. Guilford, No. 2202008181 (Del. Super. Ct. Aug. 1, 2025).
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State v. Guilford, No. 2202008181 (Del. Super. Ct. Aug. 1, 2025). · cites it 4× “§ 623 (classifying Manslaughter as a Class B felony); see also 11 Del. C. § 1405(b)(2) (the statutory range for a Class B felony is 2 years up to 25 years at Level V).”
11 Del. C. § 1405(b)(2): 1 case
State v. Guilford, No. 2202008181 (Del. Super. Ct. Aug. 1, 2025). “§ 623 (classifying Manslaughter as a Class B felony); see also 11 Del. C. § 1405(b)(2) (the statutory range for a Class B felony is 2 years up to 25 years at Level V).”
11 Del. C. § 1405(c): 1 case
State v. Guilford, No. 2202008181 (Del. Super. Ct. Aug. 1, 2025). “§ 623 (classifying Manslaughter as a Class B felony); see also 11 Del. C. § 1405(b)(2) (the statutory range for a Class B felony is 2 years up to 25 years at Level V).”
11 Del. C. § 1405(d): 1 case
State v. Guilford, No. 2202008181 (Del. Super. Ct. Aug. 1, 2025). “§ 623 (classifying Manslaughter as a Class B felony); see also 11 Del. C. § 1405(b)(2) (the statutory range for a Class B felony is 2 years up to 25 years at Level V).”
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