(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.
(2) An actor commits general gambling promotion if the actor:
(a) derives, or intends to derive, an economic benefit other than personal winnings from gambling or fringe gambling; and
(b)
(i) induces or aids another individual to engage in gambling or fringe gambling; or
(ii) knowingly invests in, finances, owns, controls, supervises, manages, or participates in gambling or fringe gambling.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(b) A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of a violation of Subsection (2).