lottery

/lotoriy/ A chance for a prize for a price. A scheme for the distribution of a prize or prizes by lot or chance, the number and value of which is determined by the operator of lottery. U.S. v. Baker, C.A.Pa., 364 F.2d 107, 111.

Essential elements of a lottery are consideration, prize and chance and any scheme or device by which a person for a consideration is permitted to receive a prize or nothing as may be determined predominantly by chance. State v. Wassick, W.Va., 191 S.E.2d 283, 288.

An unlawful gambling scheme in which

(a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and

(b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and

(c) the holders of the willing chances are to receive something of value. New Jersey Criminal Code, No. 2G37-1.

Also defined as device whereby anything of value is for a consideration allotted by lot or chance. State ex Inf. McKittrick v. Globe-Democrat Pub. Co., 341 Mo. 862, 110 S.W.2d 705, 713, 714, 717, 718.

Game by which a person paying money becomes entitled to money or other thing of value on certain contingencies, determinable by lot cast in a particular way by the manager of the game; game of hazard in which small sums of money are ventured for chance of obtaining a larger value in money or other articles; State v. Jones, 44 N.M. 623, 107 P.2d 324, 326;

gaming contract by which for a valuable consideration one may by favor of the lot obtain a prize of value superior to the amount or value of that which he risks, Troy Amusement Co. v. Attenweiler, 64 Ohio App. 105, 28 N.E.2d 207, 212, 17 O.O. 443;

hazard in which sums are ventured for a chance of obtaining a greater value, People v. Hines, 284 N.Y. 93, 29 N.E.2d 483, 488.

Scheme by which result is reached by some action or means taken, and in which result man's choice or will has no part nor can human reason, foresight, sagacity, or design enable him to know or determine such result until the same has been accomplished, State v. Schwemler, 154 Or. 533, 60 P.2d 938, 940;

scheme for distribution of prizes or things of value by lot or chance, Engle v. State, 593 Ariz. 458, 90 P.2d 988, 992, 993;

scheme for raising money by selling chances to share in distribution of prizes. Scheme where money is paid for chance of receiving money or a prize in return. People v. Psallis, Mag.Ct.N.Y., 12 N.Y. S.2d 796, 797, 798, 799.

Scheme whereby one on paying money or other valuable thing to another becomes entitled to receive from him such a return in value or nothing as some formula of chance may determine. Scheme which, played or operated once, destroys the value of ticket provided as the prizes are distributed. Scheme which tends to induce one to pay or agree to pay a valuable consideration for a chance to draw a prize.

A number of states, by statute, provide for state-run lotteries (e.g. Mass.G.L. Ch. 10, No. 22 et seq.). The advertising and sending of lottery tickets through the mails and by other instrumentalities of interstate commerce is prohibited by federal law. 18 U.S.C.A. No. 1301 et seq., 1953. Though most states also have similar laws prohibiting such activities, these federal laws do not apply to state-run lotteries. 18 U.S.C.A. No. 1307.

See also Dutch lottery

- gambling

- game of chance

- Sweepstakes