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Ch. 26
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2002 LAWS OF MARYLAND
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(I) THE NUMBERS DRAWN IN A LOTTERY IN THIS STATE OR
ANOTHER STATE OR COUNTRY;
(II) A LOTTERY DEVICE; OR
(III) MONEY RECEIVED OR TO BE RECEIVED FROM THE SALE OF A
LOTTERY DEVICE.
(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, § 362.
In subsection (b) of this section, the former references to a "lottery ticket"
and a "policy, certificate, or any other thing by which the vendor or other
person promises or guarantees that any particular number, character,
ticket, or certificate shall, in any event or on the happening of any
contingency in the nature of a lottery, entitle the purchaser or holder to
receive money, property or evidence of debt" are deleted as included within
the defined term "lottery device".
Also in subsection (b) of this section, the reference to "another state or
country" is substituted for the former reference to "elsewhere" for clarity
and consistency with § 12-202(a) of this subtitle.
In subsection (c) of this section, the reference to being "guilty of a
misdemeanor" is added to state expressly that which was only implied in
the former law. In this State, any crime that was not a felony at common
law and has not been declared a felony by statute, is considered to be a
misdemeanor. See State v. Canova, 278 Md. 483, 490 (1976); Bowser v.
State, 136 Md. 342, 345 (1920); Dutton v. State, 123 Md. 373, 378 (1914);
and Williams v. State, 4 Md. App. 342, 347 (1968).
Also in subsection (c) of this section, the former phrase "in the discretion of
the court" is deleted as implicit in the establishment of maximum
penalties.
Defined terms: "Lottery device" § 12-201
"Person" § 1-101
"State" § 1-101
12-206. PUBLICATION OF ACCOUNTS OF LOTTERIES AND LOTTERY PRIZES.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO A LOTTERY CONDUCTED BY A
GOVERNMENT.
(B) PROHIBITED.
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- 802 -
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