Untitled California Attorney General Opinion

BACKGROUND

Historically, California has prohibited the conduct of lotteries. The state Constitution provides that the “Legislature has no power to authorize lotteries and shall prohibit the sale of lottery tickets in the State.” 1 In addition, Penal Code section 321— enacted in 1872 and not amended since—provides:

Every person who sells, gives, or in any manner whatever, furnishes or transfers to or for any other person any ticket, chance, share, or interest,

1 Cal. Const., art. IV, § 19, subd. (a).

1 21-1101 or any paper, certificate, or instrument purporting or understood to be or to represent any ticket, chance, share, or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor.

Other sections of the Penal Code similarly prohibit various activities relating to lotteries, such as aiding or assisting in the administration of a lottery, 2 keeping or operating a lottery office, 3 or allowing the use of a building to conduct lottery operations. 4 And still other Penal Code sections criminalize various forms of gambling and related activities. 5 For example, Penal Code section 337a prohibits bookmaking; 6 keeping or occupying a place for recording…