• 2009 - Lottery (Participation in Lottery)
  • K-19.05
    • Bets And Betting
    • Gambling
    • Lottery
    • Public Crimes
    • Public Crimes
  • A person who knowingly [sells, purchases, receives, or transfers a chance to participate in a lottery] [disseminates information about a lottery with intent to encourage participation in the lottery] is guilty of Participation in Lottery.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

     

    2) Knowingly [sold, purchased, received, or transferred a chance to participate in a lottery] or [disseminated information about a lottery intending to encourage participation in the lottery] as follows: _______________.

     

    DEFINITIONS "Lottery" is a plan for the distribution of a thing of value, whether tangible or intangible, to a person or persons selected by chance from among participants, some or all of whom have given a consideration for the chance of being selected. [Insert relevant definitions.

    NDCC 12.1-01-04, 12.1-28-01, 12.1-02-02.]

     

    *****

    • 12.1-28-01
    • 12.1-28-02
    • Midwestern Enters, Inc. v. Stenehjem, 2001 ND 67, 625 NW2d
  • Notes: The fact that a lottery is to take place outside of North Dakota or is lawful outside North Dakota is no defense to a charge for acts occurring in North Dakota.