(1) A person is guilty of possessing a gambling device or record if the person knowingly possesses the gambling device or record with intent to use the gambling device or record in gambling or fringe gambling.
(2) Possession of a gambling device or record is a class B misdemeanor, except that any person who is twice convicted under this section is guilty of a class A misdemeanor, and a person who is convicted three or more times under this section is guilty of a third degree felony.