Except as provided in Chapter 18C of the General Statutes or in connection with a lawful raffle as provided in Part 2 of this Article, if any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name, style or title the same may be denominated or known; or if any person shall, by such way and means, expose or set to sale any house, real estate, goods, chattels, cash, written evidence of debt, certificates of claims or any other thing of value whatsoever, every person so offending shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed two thousand dollars ($2,000). Any person who engages in disposing of any species of property whatsoever, including money and evidences of debt, or in any manner distributes gifts or prizes upon tickets, bottle crowns, bottle caps, seals on containers, other devices or certificates sold for that purpose, shall be held liable to prosecution under this section. Any person who shall have in his possession any tickets, certificates or orders used in the operation of any lottery shall be held liable under this section, and the mere possession of such tickets shall be prima facie evidence of the violation of this section. This section shall not apply to the possession of a lottery ticket or share for a lottery game being lawfully conducted in another state. (1834, c. 19, s. 1; R.C., c. 34, s. 69; 1874-5, c. 96; Code, s. 1047; Rev., s. 3726; C.S., s. 4428; 1933, c. 434; 1937, c. 157; 1979, c. 893, s. 4; 1983, c. 896, s. 1; 1993, c. 539, s. 200; 1994, Ex. Sess., c. 24, s. 14(c); 2005-344, s. 3(b).)
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1944–2022 · leading case:
State v. McCleary, 308 S.E.2d 883 (N.C. Ct. App. 1983).
State v. McCleary, 308 S.E.2d 883 (N.C. Ct. App. 1983).
· cites it 14× “While the prohibition against dealing *886 in a lottery contained in G.S. 14-290 dates back to the early nineteenth century, the exemption for the organizations listed in G.”
State v. Carlton, 753 S.E.2d 203 (N.C. Ct. App. 2014).
· cites it 24× “Judge Gaylor found Defendant guilty of “operating [a] lotteiy” in violation of N.C. Gen. Stat. § 14-290 (rather than § 14-291, the statute referenced on the citation) and sentenced him to 45 days imprisonment.”
Cole v. Hughes, 442 S.E.2d 86 (N.C. Ct. App. 1994).
· cites it 3× “1 (selling or bartering lottery tickets “to be drawn or paid within or without the State” a misdemeanor, and possession of lottery ticket prima facie evidence of a violation of this section), -292 (operating or playing a game of chance a misdemeanor), -299 (money or property…”
State v. Gibson, 65 S.E.2d 508 (N.C. 1951).
· cites it 2× “Thus, the State elected in drafting these counts to assume a double burdento establish the operation of a lottery by the defendants and the sale by them of tickets therein. The court was careful to make this plain to the jury.”
State v. Simmons, 296 S.E.2d 805 (N.C. Ct. App. 1982).
· cites it 3× “N.C. Gen. Stat. § 14-290 defines more than one violation of the law.”
United States v. $61,433.04 U.S. Currency, 894 F. Supp. 906 (E.D.N.C. 1995).
· cites it 4× “Taylor may have also admitted were not presented to the court at the hearing, however, and the collateral estoppel effect is therefore impossible to gauge as concerns those facts.”
State v. . Robinson, 30 S.E.2d 320 (N.C. 1944).
· cites it 3× “It appears that the warrants upon which these defendants were brought to trial are practically in the words of G. S., 14-290, which, in part, reads: “If any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name, style…”
Edmisten, Attorney Gen. v. Challenge, Inc., 284 S.E.2d 333 (N.C. Ct. App. 1981).
“r scheme whereby a participant pays a valuable consideration for the opportunity or chance to receive a fee or compensation upon the introduction of other participants into the program, whether or not such opportunity or chance is received in conjunction with the purchase of…”
IMT, Inc. v. City of Lumberton, 724 S.E.2d 588 (N.C. Ct. App. 2012).
· cites it 2× “The only lotteries endorsed by the state are those whose net revenues are transferred to the state’s Education Lottery Fund. N.C. Gen. Stat. § 18C-164 (2011).”
State v. Dawson, 209 S.E.2d 503 (N.C. Ct. App. 1974).
“Under G.S. 14-290, possession of lottery tickets is prima facie evidence of the violation of this section.”
Fuller v. Scott, 328 F. Supp. 842 (M.D.N.C. 1971).
“§ 14-290. Dealing in lotteries. — If any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name, style or title the same may be denominated or known; or if any person shall, by such way and means, expose or set to sale…”
State v. Bryant, 111 S.E.2d 591 (N.C. 1959).
“Judge Williams was authorized to enter such judgments by virtue of the provisions of G.S. 14-290 and G.S. 14-291.1. In Ex-Parte Watkins, 7 Peters 568 , 8 L.”
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