1. Any-chance text after MDS
Even if each accepted transaction’s result is fixed, prosecutors may argue chance exists “in part” as to which offer appears next, or that the next pool assignment is a “happening or outcome of an event.” § 18-3801 does not require predominance. MDS already refused to import Oneida’s lottery-only chance analysis into the gambling statute.
2. MDS already involved video reels, credits, and a free path
A published Supreme Court opinion treated payment, then a chance determination displayed on video reels, as an illegal gambling device and supplied a slot-machine definition built around reel representation. Counsel must explain—with facts, not labels—why disclosure before commitment and a free decline are legally different from MDS’s pay-then-spin sequence, and why the cabinet is not a “video or other representation of reels” under that definition.
3. The Constitution targets the simulation, not only the wager
Article III, § 20(2) forbids electronic imitation of casino gambling even for the lottery, racing, and charitable bingo. A prosecutor can argue that a retail reel cabinet is the form the voters barred, regardless of backend predetermination. Subsection (2) literally constrains “activities permitted by subsection (1),” but it is powerful evidence of public policy and of how Idaho officials will view slot-like cabinets.
4. Possession can be charged without proving a particular Accept
§ 18-3810 is a possessory misdemeanor. If the cabinet meets the MDS slot definition, hosts and operators may be charged for keeping the machine—antique display is the only statutory possession exception, and those machines may not be operated.
5. Merchant promotion, additional play, and Rule 80 are unavailable for cash sales
Art. III, § 20(4)(a) and § 18-3801(4) require no consideration charged. Additional-play games cannot redeem cash. IDAPA 04.02.01.080 treats a purchase-required chance promotion as an unfair practice. The Lottery’s published view is the same: no direct or indirect payment for a chance at a prize.
6. Video cash machines are a tribal-compact category
§ 67-429B authorizes tribal video gaming machines that accept currency, display results on a screen, select results randomly by computer, and print cash-out tickets—and it declares those machines not to be slots. Off-reservation commercial cabinets that look like the same category will be treated as the thing the statute had to exempt for tribes only. Compact stakeholders may treat slot-like cabinets as exclusivity issues regardless of backend logic.
7. Session-wide staking and property-host liability
Money inserted upfront creates a continuing credit balance. Each Accept may be characterized as risking that balance—the structure MDS treated as paying for chances. Property owners who “knowingly permit” gambling on premises they own or rent face a separate misdemeanor (§ 18-3802(1)(b)).
NCG factual responses and residual risk
Responses: at acceptance the monetary result is fixed and known; declines cost nothing; no post-acceptance RNG; MDS involved payment-before-chance mechanics and an express “chance of losing” element; amusement and merchant-promotion exclusions are not the NCG theory—the timing of § 18-3801 “risking” for “contingent” gain is. Residual risk: constitutional strict prohibition and simulation ban, any-chance text, published MDS slot definition, possessory crime, tribe-only video-machine statute, and Lottery/AG no-consideration promotion rules remain material pending Idaho counsel review. The timing distinction is supportable; it is not settled.