CopyPublished | Supreme Court of Florida
...nd amended in 2015.
- 29 -
22.16 [SETTING UP] [PROMOTING] [PLAYING AT] A GAME OF
CHANCE FOR MONEY, THING OF VALUE, OR UNDER THE PRETEXT
OF A SALE, GIFT, OR DELIVERY
§ 849.11, Fla....
...[under the pretext of a sale, gift, or delivery] [or] [for any right,
share, or interest thereof].
Lesser Included Offenses
[SETTING UP] [PROMOTING] [PLAYING AT] A GAME OF
CHANCE FOR MONEY, THING OF VALUE, OR UNDER THE
PRETEXT OF A SALE, GIFT, OR DELIVERY — 849.11
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2434, 1984 Fla. App. LEXIS 16645
...om information gleaned from the initial intercept. Consequently, we find no error and affirm. Under point X, appellants argue that the trial court erred in refusing to submit to the jury an instruction regarding the lesser offenses found in sections
849.11 and 849.-231. Section
849.11 makes it a second degree misdemeanor to set up, promote or play “at any game of chance by lot or dice, cards, numbers, hazards or any other gambling device whatever for ...,” and section
849.231 makes it a first degree misdemean- or to possess gambling paraphernalia....
...proving that appellants conducted individual acts of gambling or were in possession of gambling paraphernalia. We hold that both section 849.-11 and section
849.231 contain elements separate and distinct from those embraced in section
849.09(l)(a). Section
849.11 defines a misdemean- or covering a class of unlawful activities relating to games of chance, and is aimed toward the casual or occasional act of gambling....
...Similarly, the elements of section
849.231 are not necessarily included in those of section
849.09(l)(a). It does not automatically follow that one who is conducting or promoting a lottery has in his or her possession gambling paraphernalia. As in the case of section
849.11, establishing a violation of section
849.231 would require proof of elements extraneous to those of section
849.09(l)(a)....
