FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 22.5
SETTING UP, PROMOTING, CONDUCTING A LOTTERY
§ 849.09(1)(a), Fla. Stat.
To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery, the State must prove beyond a reasonable doubt that:
(Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of value].
Definitions.
Little River Theatre Corp. v. State, 185 So. 855 (Fla. 1939).
A “lottery” has three elements: (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 “bet” is when money or other property is risked, pledged, wagered, or staked by a participant on the outcome of a game, contest, or uncertain or contingent event, with the expectation of gaining or losing as a result.
A “thing ventured” is when something other than money or property is risked by a participant on the outcome of a game, contest, or uncertain or contingent event, with the expectation of gaining or losing as a result, which includes but is not limited to the time, inconvenience, and effort required to attend or participate, at the expense of foregone alternatives and other opportunities.
A “prize by lot or chance” is when the award or winning prize is determined by a chance or uncertain or contingent event, the outcome of which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice.
Lesser Included Offenses
LOTTERY — 849.09(1)(a)
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
None
Lottery
849.09(1)(f)
Lottery
849.09(1)(g)
22.9
Lottery
849.09(1)(h)
22.10
Lottery
849.09(1)(i)
Lottery
849.09(1)(j)
Lottery
849.09(1)(k)
22.11
Playing at game of chance by lot
849.11
Gambling devices, etc.
849.231
Attempt
777.04
5.1
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
3b34ec0b3a7df1cac05f2a57469e9fd7331f727eac3d991ca3e33ec1e3b890ae
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