(A) A person is guilty of possession of gambling records in the second degree when, with knowledge of the contents thereof he or she possesses in writing, paper instrument or articles of a kind commonly used:
(1) In the operation or promotion of a bookmaking scheme or enterprise; or
(2) In the operation, promotion or playing of a lottery or mutuel scheme or enterprise totaling less than $500 or representing less than 500 plays or chances therein.
(B) It shall be a defense to any prosecution under this section that:
(1) The writing, paper, instrument or article possessed by the defendant constituted, reflected or represented bets of the defendant himself or herself in a number not exceeding 10; or
(2) The writing, paper, instrument or article possessed by the defendant was 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 mutual scheme or enterprise.
(C) Possession of gambling records in the second degree is a Class A misdemeanor.
(KRS 528.060) (1980 Code, § 1020.14-4)