Gambling - Illegal Lottery
"Whoever sets up or promotes a lottery for money or other property of value, or by way of lottery disposes of any property of value, with intent to make the disposal thereof dependent upon or connected with chance by lot, numbers, game or other gambling device whereby such chance or device is made an additional inducement to the disposal or sale of said property, or whoever aids, by printing, or by writing in any way concerned in the setting up, managing, or drawing of such lottery, or in such disposal or offer or attempt to dispose of property by such chance or device, commits a crime."
In order to prove a defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt:
- That a defendant set up, promoted or aided in setting up or promoting the opportunity to win a prize, or disposed of, aided in disposing of a prize won by chance.
- That a defendant intended that winning the prize was predominantly dependent upon chance.
- That payment of a price was necessary to win a prize. A "prize" is "a thing of value."
Something is a lottery if it involves the payment of a price for the possibility of winning a prize, dependent predominantly upon luck or chance rather than skill. The payment of a "price" refers to something of value given up by a participant for the opportunity to take a chance at winning a prize. There is a "price" when those who chose to pay are paying in part for the chance of a prize. (An indirect benefit to the person running the game — for example, having someone cross the threshold of one's business — is not a "price" for purposes of this statute.)
A person can "aid" a lottery in many different ways — for example, by printing or writing lottery chances, or by selling or offering them for sale, or by managing or conducting a lottery drawing.