Florida criminal charge
Lottery prohibited; exceptions in Florida
Lottery prohibited; exceptions is a criminal offense under Florida law, defined by Fla. Stat. § 849.09. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 849.09.
What is the penalty for lottery prohibited; exceptions in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Lottery setup/promotion/conduct/disposal/aid (a)-(d) — Conviction for violating paragraph (a), (b), (c), or (d) of subsection (1), i.e., setting up, promoting, conducting, disposing of property by, or aiding/assisting a lottery.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Lottery setup/promotion/conduct/disposal/aid (a)-(d) — Conviction for violating paragraph (a), (b), (c), or (d) of subsection (1), i.e., setting up, promoting, conducting, disposing of property by, or aiding/assisting a lottery.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — first offense — First conviction for violating paragraph (e), (f), (g), (i), or (k) of subsection (1), covering attempting to operate a lottery, possessing a lottery device, selling lottery tickets, aiding in sale/procurement of tickets, or possessing rundown/tally sheets.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — first offense — First conviction for violating paragraph (e), (f), (g), (i), or (k) of subsection (1), covering attempting to operate a lottery, possessing a lottery device, selling lottery tickets, aiding in sale/procurement of tickets, or possessing rundown/tally sheets.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — subsequent offense — Subsequent conviction after a prior conviction for violating any of paragraph (e), (f), (g), (i), or (k) of subsection (1).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — subsequent offense — Subsequent conviction after a prior conviction for violating any of paragraph (e), (f), (g), (i), or (k) of subsection (1).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Possession of lottery ticket or advertisement (h),(j) — first offense — First conviction for violating paragraph (h) or (j) of subsection (1), covering possession of a lottery ticket/evidence of share or possession of lottery advertisements/lists of prizes.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Possession of lottery ticket or advertisement (h),(j) — first offense — First conviction for violating paragraph (h) or (j) of subsection (1), covering possession of a lottery ticket/evidence of share or possession of lottery advertisements/lists of prizes.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Possession of lottery ticket or advertisement (h),(j) — subsequent offense — Subsequent conviction after a prior conviction for violating paragraph (h) or (j) of subsection (1).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Possession of lottery ticket or advertisement (h),(j) — subsequent offense — Subsequent conviction after a prior conviction for violating paragraph (h) or (j) of subsection (1).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is lottery prohibited; exceptions classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Lottery setup/promotion/conduct/disposal/aid (a)-(d) | Felony of the Third Degree | Conviction for violating paragraph (a), (b), (c), or (d) of subsection (1), i.e., setting up, promoting, conducting, disposing of property by, or aiding/assisting a lottery. | Fla. Stat. § 849.09(2) |
| Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — first offense | Misdemeanor of the First Degree | First conviction for violating paragraph (e), (f), (g), (i), or (k) of subsection (1), covering attempting to operate a lottery, possessing a lottery device, selling lottery tickets, aiding in sale/procurement of tickets, or possessing rundown/tally sheets. | Fla. Stat. § 849.09(3) |
| Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — subsequent offense | Felony of the Third Degree | Subsequent conviction after a prior conviction for violating any of paragraph (e), (f), (g), (i), or (k) of subsection (1). | Fla. Stat. § 849.09(3) |
| Possession of lottery ticket or advertisement (h),(j) — first offense | Misdemeanor of the First Degree | First conviction for violating paragraph (h) or (j) of subsection (1), covering possession of a lottery ticket/evidence of share or possession of lottery advertisements/lists of prizes. | Fla. Stat. § 849.09(4) |
| Possession of lottery ticket or advertisement (h),(j) — subsequent offense | Felony of the Third Degree | Subsequent conviction after a prior conviction for violating paragraph (h) or (j) of subsection (1). | Fla. Stat. § 849.09(4) |
Common questions about lottery prohibited; exceptions in Florida
Is lottery prohibited; exceptions a felony or a misdemeanor in Florida?
It depends on the circumstances: lottery prohibited; exceptions ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 849.09.
Lottery setup/promotion/conduct/disposal/aid (a)-(d): Felony of the Third Degree (Fla. Stat. § 849.09(2)) · Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — first offense: Misdemeanor of the First Degree (Fla. Stat. § 849.09(3)) · Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — subsequent offense: Felony of the Third Degree (Fla. Stat. § 849.09(3)) · Possession of lottery ticket or advertisement (h),(j) — first offense: Misdemeanor of the First Degree (Fla. Stat. § 849.09(4)) · Possession of lottery ticket or advertisement (h),(j) — subsequent offense: Felony of the Third Degree (Fla. Stat. § 849.09(4))
What are the penalties for lottery prohibited; exceptions in Florida?
Penalties for lottery prohibited; exceptions in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers lottery prohibited; exceptions?
Lottery prohibited; exceptions is governed by Fla. Stat. § 849.09 (Lottery prohibited; exceptions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.