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PARRIS N. GLENDENING, Governor
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Ch. 26
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The reference "[a] court shall interpret" is substituted for the former
reference "[t]he courts shall construe the foregoing provisions" for brevity.
The defined term "lottery device" is substituted for the former reference
"certificates, or any other device" for clarity.
The phrase "when, in the nature of a lottery, an event or contingency
occurs" is substituted for the former reference "on the happening of any
event or contingency, in the nature of a lottery" for clarity.
Defined term: "Lottery device" § 12-201
12-209. CONVEYANCE VOID.
A GRANT, BARGAIN, OR TRANSFER OF REAL ESTATE, GOODS, A RIGHT OF
ACTION, OR PERSONAL PROPERTY IS VOID IF IT OCCURS WHILE ENGAGING IN, OR
AIDING OR ASSISTING IN A LOTTERY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 365.
The former phrase "and of no effect" is deleted as included in the word
"void".
The reference to "engaging in" a lottery is substituted for the former
reference to being "in pursuance of" a lottery for clarity.
The former reference to a "sale [or] conveyance" of real estate is deleted as
included in the reference to "transfer" of real estate.
The former reference to "chattels" is deleted as included in the reference to
"personal property".
12-210. SENTENCING — REPEAT LOTTERY VIOLATION.
(A) CONSTRUCTION OF SECTION.
ANY RECOVERY OF A PENALTY FOR A VIOLATION OF ANY OF THE PROVISIONS
OF THIS SUBTITLE RELATING TO A LOTTERY, WHETHER BY INDICTMENT OR ACTION
OF DEBT, OR BEFORE A JUSTICE OF THE PEACE BEFORE JULY 5, 1971, OR BEFORE ANY
COURT OF COMPETENT JURISDICTION, IS CONSIDERED A FIRST CONVICTION UNDER
THIS SECTION.
(B) ENHANCED PENALTY.
A PERSON CONVICTED A SECOND OR SUBSEQUENT TIME OF A VIOLATION OF
ANY OF THE PROVISIONS OF THIS SUBTITLE RELATING TO A LOTTERY IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR
BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 366.
In this section, the references to a violation of this "subtitle" relating to a
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- 805 -
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