22.9. Selling Lottery Tickets
This is a Florida Jury Instructions form that can be used for 22 Gambling within Criminal.
Last updated: 2/28/2006
22.9 SELLING LOTTERY TICKETS 849.09(1)(g), Fla. Stat. To prove the crime of Selling Lottery Tickets, the State must prove beyond a reasonable doubt that [name of defendant [sol] d] [offered for sale ] one place to another by mail or by hand of anothe[sent from one place to a ticket, coupon or share, or fractional part of a ticket, coupon or share, representing an interest in a lottery yet to be played or in a lottery that has already been played. 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. A "lottery ticket, coupon or share" is any paper, token or thing that represents the right of the possessor to receive all or any part of a prize awarded or to be awarded in the operation of a lottery. It is not necessary that the rights of the holder be written or printed in plain language. It is sufficient if the ticket, coupon, share or token by any manner known to those familiar with a particular lottery being played indicates or represents the rights of its owner or possessor.