Texas Government Code 466.308 – Claiming Lottery Prize by Fraud
Current as of: 2024 | Check for updates
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(a) A person commits an offense if the person intentionally or knowingly:
(1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or
(2) aids or agrees to aid another person or persons to claim a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation.
(b) In this section, “claim” includes an attempt to claim, without regard to whether the attempt is successful.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Government Code 466.308
- Fraud: Intentional deception resulting in injury to another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that:
(1) the amount claimed is greater than $200 but not more than $10,000, in which event the offense is a felony of the third degree;
(2) the amount claimed is greater than $10,000, in which event the offense is a felony of the second degree; or
(3) the person has previously been convicted of an offense under § 466.306, 466.307, 466.309, 466.310, or this section, in which event the offense is a felony of the third degree, unless the offense is designated as a felony of the second degree under Subdivision (2).