22.6. Disposing Of Money Or Property By Lottery
This is a Florida Jury Instructions form that can be used for 22 Gambling within Criminal.
Last updated: 2/28/2006
22.6 DISPOSING OF MONEY OR PROPERTY BY LOTTERY 849.09(1)(b), Fla. Stat. To prove the crime of [Money] [Property] by Lottery, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] disposed of [money] [property]. 2. The [money] [property] was disposed of by means of a lottery. A "lottery" is a game of chance in whh smic aller sums of money or things of smaller value are risked for the chance of getting money or property of greater value upon the happening of an uncertain event. The three elements of a lottery are: (1) consideration - that is, a bet or thing ventured; (2) a prize; and (3) the award or winning of the prize by lot or chance. It is not enough to show that [name of defendant] merely sold lottery tickets or participated in the collection of tickeot proceeds r the keeping of reco rds, or participated in determining the winners. For conviction it must be proved that [name of defendant] had an interest in or control of the [money] [property] and [name of defendant] caused it to be disposed of by a lottery conducted under [name of defendant]s authority, direction or supervision. It is not necessary, however, that the State prove th[naat me of defendant] performed all the acts incident to the lottery.