22.18 UNLAWFUL OPERATION OF A GAME PROMOTION
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 22.18
- Statute
- § 849.094(2), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Unlawful Operation of a Game Promotion, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) was an operator of a game promotion.
Give one or more as applicable. § 849.094(2)(a)–(2)(e), Fla. Stat.
2. (Defendant)
a. designed, engaged in, promoted, or conducted a game promotion, in connection with the promotion or sale of consumer products or services, wherein [the winner could be predetermined] [or] [the game could be manipulated or rigged so as to allocate a winning game or [any portion thereof to certain lessees, agents, or franchises] [or] [part thereof to a particular period of the game promotion or to a particular geographic area]].
b. arbitrarily removed, disqualified, disallowed, or rejected any entry in the game promotion.
c. failed to award prizes offered in the game promotion.
d. printed, published, or circulated literature or advertising material used in connection with the game promotion that was false, deceptive, or misleading.
e. required an entry fee, payment, or proof of purchase as a condition of entering the game promotion.
Lesser-included offenses
As the instruction lists them, word for word.
UNLAWFUL OPERATION OF A GAME PROMOTION — 849.094(2)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt or Solicitation or Conspiracy | 777.04 | 5.1 or 5.2 or 5.3 |
Related practice page
Illegal Lotteries, Bolita, Raffles, and Game Promotions in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.