Delaware Code Title 29 Sec. 4810 – Sales to certain persons prohibited; penalties
(a) (1) It is unlawful for an individual who is under 18 years old to purchase a lottery ticket or participate in an internet ticket game.
(2) It is unlawful for an individual who is under 21 years old to wager on the video lottery, sports lottery, table games, internet table games, or internet video lottery.
(3) A violation of paragraph (a)(1) or (a)(2) of this section is an unclassified misdemeanor.
(4) An individual convicted of, adjudicated delinquent of, or placed on probation before judgment under § 4218 of Title 11 for violating this subsection must complete 5 hours of counseling on problem gambling.
(5) The Justice of the Peace Court has original jurisdiction over a violation of this subsection by an individual who is 18 years of age or older. The Family Court has original jurisdiction over a violation of this subsection by an individual 17 years of age or younger.
Terms Used In Delaware Code Title 29 Sec. 4810
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Internet lottery: shall mean all lottery games in which the player's interaction with the game operated by the Office occurs over the Internet (which, for purposes of this chapter, shall include any public or private computer or terminal network, whether linked electronically, wirelessly, through optical networking technology or other means), including Internet ticket games, the Internet video lottery and Internet table games. See Delaware Code Title 29 Sec. 4803
- Internet table games: shall mean a lottery game in which the player's interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a table game in a video lottery facility, and in which the game is an Internet variation or compilation of a table game or table games, provided that the game is expressly authorized by rule of the Director. See Delaware Code Title 29 Sec. 4803
- Internet ticket games: shall mean a lottery game in which the player's interaction with the game operated by the Office occurs over the Internet through a website or network of the Office, and in which the winner is decided by chance through mechanical or electronic means, and which shall include keno but which shall not include the video lottery, table games, and other forms of the Internet lottery. See Delaware Code Title 29 Sec. 4803
- Internet video lottery: shall mean a lottery game in which the player's interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a video lottery machine in a video lottery facility, and in which the game is an Internet variation of a video lottery game, and which shall not include keno, table games, and other forms of the Internet lottery. See Delaware Code Title 29 Sec. 4803
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Office: shall mean the State Lottery Office established by this subchapter. See Delaware Code Title 29 Sec. 4803
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Sports lottery: shall mean a lottery in which the winners are determined based on the outcome of any professional or collegiate sporting event, including racing, held within or without the State, but excluding collegiate sporting events that involve a Delaware college or university and amateur or professional sporting events that involve a Delaware team. See Delaware Code Title 29 Sec. 4803
- Sports lottery agent: means a person whom the Director has licensed to conduct sports lottery games. See Delaware Code Title 29 Sec. 4803
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Video lottery: shall mean any lottery conducted in a video lottery facility with a video lottery machine or a network of linked video lottery machines with an aggregate progression prize or prizes (excluding keno, table games, and the Internet lottery). See Delaware Code Title 29 Sec. 4803
- Video lottery agent: means a person whom the Director has licensed to conduct table games, video lottery games, sports lottery games, and Internet lottery games and who possesses either a horse racing meet license pursuant to Title 3 or Title 28 of the Delaware Code, a harness racing meet license pursuant to Title 3 of the Delaware Code, or both. See Delaware Code Title 29 Sec. 4803
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) No ticket shall be sold to any person under the age of 18 years, but this shall not be deemed to prohibit the purchase of a ticket for the purpose of making a gift by a person 18 years of age or older to a person less than that age.
(c) No licensed video lottery agent, sports lottery agent, or employee of such agents shall allow a person under the age of 21 to wager on the video lottery, table games, sports lottery, internet table games, or internet video lottery.
(d) A violation of subsection (b) or (c) of this section shall be a misdemeanor, except that the establishment of the following facts shall constitute a defense to any prosecution therefor:
(1) That the underage person presented proof of age or photographic identification that would lead a reasonable person to believe that the underage person was over the minimum age required in this section.
(2) That the appearance of the underage person was such that an ordinary prudent person would believe that the person was over the minimum age required in this section.
(e) No Delaware lottery games, including ticket games, video lottery, sports lottery, internet lottery, internet ticket games, keno, and table games, may be played by and no prizes received by or awarded to any officers or employees of the State Lottery Office or any member of their immediate households. Any person convicted of violating this section shall forfeit any prize money so obtained and shall be sentenced to not less than 1 year in jail and pay a fine of no less than $5,000.
59 Del. Laws, c. 348, § ?1; 60 Del. Laws, c. 539, § ?4; 66 Del. Laws, c. 367, § ?2; 69 Del. Laws, c. 446, § ?15; 70 Del. Laws, c. 186, § ?1; 77 Del. Laws, c. 221, § ?10; 78 Del. Laws, c. 285, § ?6; 81 Del. Laws, c. 250, § 1;