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Ch. 26
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2002 LAWS OF MARYLAND
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the court" is deleted as implicit in the establishment of minimum and
maximum penalties.
In subsection (c) of this section, the defined term "lottery device" is
substituted for the former phrase "certificate, or any other device, by which
the vendor promises that he or any other person will pay or deliver to the
purchaser any money, property or evidence of debt, on the happening of
any contingency in the nature of a lottery" for brevity.
Also in subsection (c) of this section, the reference to a "lottery device
purchased or obtained" is substituted for the former phrase "every lottery
ticket, certificate or other device in the nature thereof so purchased or
obtained by him" for brevity.
Defined terms: "Lottery device" § 12-201
"Person" § 1-101
12-204. LOCATION OF SALES OR BARTER OF LOTTERY DEVICES.
(A) PROHIBITED.
A PERSON MAY NOT:
(1) KEEP A HOUSE, OFFICE, OR OTHER PLACE FOR THE PURPOSE OF
SELLING OR BARTERING A LOTTERY DEVICE IN VIOLATION OF § 12-203 OF THIS
SUBTITLE; OR
(2) ALLOW A HOUSE OR OFFICE THAT THE PERSON OWNS TO BE USED
FOR THE PURPOSE OF SELLING OR BARTERING A LOTTERY DEVICE IN VIOLATION OF
§ 12-203 OF THIS SUBTITLE.
(B) PRESUMPTION.
A PERSON WHO KNOWS THAT THE PERSON'S HOUSE OR OFFICE IS BEING USED
FOR THE PURPOSE OF SELLING OR BARTERING A LOTTERY DEVICE IN VIOLATION OF
§ 12-203 OF THIS SUBTITLE IS DEEMED TO BE ALLOWING THE HOUSE OR OFFICE TO
BE USED FOR THOSE PURPOSES.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE
NOT EXCEEDING $1,000 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 360 and 361.
In subsection (a) of this section, the former references to being liable or
subject to "indictment" for keeping or allowing a house or office to be used
for selling or bartering lottery tickets or devices are deleted as implicit in
the prohibition on conducting these activities and on conviction, being
subject to imprisonment and fine. The former references are construed to
mean simply that a person "may be charged" with violating this section,
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- 800 -
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