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Cal. Penal Code § 320 (2026)

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Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1968–2022 · leading case: Pauma Band Mission Indians v. State of California, 973 F.3d 953 (9th Cir. 2020).
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Pauma Band Mission Indians v. State of California, 973 F.3d 953 (9th Cir. 2020). · cites it 2× “IV, § 19(a); see Cal. Penal Code §§ 320–326. Nonetheless, the California Constitution authorizes “the establishment of a California State Lottery.”
W. Telcon, Inc. v. California State Lottery, 917 P.2d 651 (Cal. 1996). “” Penal Code sections 320 through 326 broadly prohibit the operation of lotteries.”
Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016). “1 Cal. Penal Code § 320 . ‘Lottery is defined in section 319, which provides: A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a…”
People v. Shira, 62 Cal. App. 3d 442 (Cal. Ct. App. 1976). “” 2 Penal Code section 320 provides: “Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor.”
People v. Brown, 259 Cal. App. 2d 663 (Cal. Ct. App. 1968). “Smith and Roy Young were each convicted by the court of two offenses, conspiracy to conduct a lottery (Pen. Code, §§320, 321, 322, 323) and to engage in bookmaking (Pen.”
Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. California, 343 F. Supp. 3d 952 (S.D. Cal. 2018). “IV, § 19 ; see also Cal. Penal Code §§ 320 - 26 (broadly prohibiting the operation of lotteries).”
Suski v. Coinbase Global, Inc. (N.D. Cal. 2022). · cites it 6× “23 Plaintiffs allege that Coinbase’s sweepstakes was an unlawful lottery in violation of 24 California Penal Code § 320, that its solicitations for the sweepstakes violated California Business 25 and Professions Code § 17539.”
Suski v. Coinbase Global, Inc. (N.D. Cal. 2022). · cites it 4× “19 The Court previously rejected Plaintiffs’ contention that the Dogecoin sweepstakes 20 violates California Penal Code § 320. (Dkt. No. 53.”
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