Sec. 466.308. CLAIMING LOTTERY PRIZE BY FRAUD. (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.
(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 Section 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).
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.39, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle E - Other Executive Agencies and Programs
Section 466.3012. Aggregation of Amounts Involved
Section 466.302. Sale of Ticket at Price Greater Than Fixed Price
Section 466.303. Sale of Ticket by Unauthorized Person
Section 466.304. Sale of Ticket at Unauthorized Location
Section 466.305. Sale of Ticket on Credit
Section 466.3051. Sale of Ticket to or Purchase of Ticket by Person Younger Than 18 Years of Age
Section 466.3052. Purchase and Sale of Tickets
Section 466.3053. Purchase of Ticket With Proceeds of Afdc Check or Food Stamps
Section 466.3054. Group Purchase Arrangements
Section 466.306. Forgery; Alteration of Ticket
Section 466.307. Influencing Selection of Winner
Section 466.308. Claiming Lottery Prize by Fraud
Section 466.309. Tampering With Lottery Equipment
Section 466.310. Certain Transfers of Claims
Section 466.311. Reporting and Record Violations
Section 466.312. False, Incorrect, or Deceptive Statement
Section 466.317. Prohibition Against Sale of Certain Lottery Tickets