§712-1229

Lottery offenses; no defense

Drugs & vice · Chapter 712 — Offenses Against Public Health and Morals · Part III. Gambling Offenses

It is no defense to a prosecution under any section of this part relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn or conducted. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]

Source / Amendment history

[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]

Cross references, commentary & case notes

COMMENTARY ON §712-1229 This section provides that it is no defense to a prosecution under any section relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn. This eliminates spurious defenses in cases involving the Irish Sweepstakes or lotteries conducted in other states. Because the person who places the bet or buys the lottery ticket is not criminal under this part, only the seller or promoter is covered and it should make no difference that the seller or promoter is dealing in "chances" based on an out-of-state contingency. The section was renumbered from §712-1228 to §712-1229 by Act 201, Session Laws 1973.

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