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 ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt or Solicitation or Conspiracy777.045.1 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.

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