Idaho Code
Idaho Code § 18-4901 (2026)
Lottery defined.
✓ current as of May 2026
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Lottery defined.
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 portion of it, or for any share or interest in such property, upon any agreement, understanding or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known. The pari-mutuel system used in racing shall not constitute a lottery, so long as it is conducted in conformity with the provisions of chapter 25, title 54, Idaho Code.
Notes of Decisions
Cited in 6
cases, 1953–1988 · leading case: Westerberg v. Andrus, 757 P.2d 664 (Idaho 1988).
Westerberg v. Andrus, 757 P.2d 664 (Idaho 1988). “" I.C. § 18-4901. By R.S. 18-4902, -4903, -4904, -4905, -4906, and -4908, now I.”
Hays v. State, 747 P.2d 758 (Idaho Ct. App. 1987). “Under Idaho's post-conviction relief scheme, any person may seek relief if he claims that he is "unlawfully held in custody" or "that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law,…”
Braddock v. Fam. Fin. Corp., 506 P.2d 824 (Idaho 1973). “3, § 20; I.C. §§ 18-4901 18-4909; see generally, Annot.”
Oneida Cnty. Fair Bd. v. Smylie, 386 P.2d 374 (Idaho 1963). “§ 18-4901] in substance conforms to that of the common law which has defined a lottery as a species of gaming, wherein prizes are distributed by chance among persons paying a consideration for the chance to win; a game of hazard in which sums are paid for the chance to obtain a…”
State v. Vill. of Garden City, 265 P.2d 328 (Idaho 1953). “A lottery is defined by Section 18-4901, I.C., as follows: “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 portion of it, or…”
Nab v. Hills, 452 P.2d 981 (Idaho 1969). “861 (1968); Comment, Referral Sales Contracts: To Alter or Abolish?, 15 Buffalo L.”
— Idaho Code § 18-4901(5) — 1 case
Hays v. State, 747 P.2d 758 (Idaho Ct. App. 1987). “Under Idaho's post-conviction relief scheme, any person may seek relief if he claims that he is "unlawfully held in custody" or "that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law,…”
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