(1) A person is guilty of possession of gambling records in the second degree when, with knowledge of the contents thereof he possesses any writing, paper, instrument or articles of a kind commonly used:
(a) In the operation or promotion of a bookmaking scheme or enterprise; or (b) In the operation, promotion or playing of a lottery or mutuel scheme or enterprise.
(2) It shall be a defense to any prosecution under this section that:
(a) The writing, paper, instrument, or article possessed by the defendant constituted, reflected, or represented bets of the defendant himself in a number not exceeding ten (10); or (b) 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 mutuel scheme or enterprise.
(3) Possession of gambling records in the second degree is a Class A misdemeanor.