Advertising Commercial Gambling

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  1. A person who knowingly prints, publishes, or advertises any lottery or other scheme for commercial gambling or who knowingly prints or publishes any lottery ticket, policy ticket, or other similar device designed to serve as evidence of participation in a lottery commits the offense of advertising commercial gambling.
  2. A person who commits the offense of advertising commercial gambling shall be guilty of a misdemeanor of a high and aggravated nature.

(Code 1933, § 26-2705, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1970, p. 236, § 8.)

Cross references.

- Constitutional guarantee of free speech and press, Ga. Const. 1983, Art. I, Sec. I, Para. V.

Law reviews.

- For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B.J. 124 (1970).

JUDICIAL DECISIONS

Cited in Dennard v. State, 265 Ga. App. 229, 593 S.E.2d 694 (2004).

OPINIONS OF THE ATTORNEY GENERAL

Continued advertisement of a sweepstakes where a player can determine if the player has the "winning number" by calling a "dial-it" number constitutes advertising commercial gambling in violation of O.C.G.A. § 16-12-26. 1984 Op. Att'y Gen. No. 84-83.

RESEARCH REFERENCES

ALR.

- Paraphernalia or appliances used for recording gambling transactions or receiving or furnishing gambling information as gaming "devices" within criminal statute or ordinance, 1 A.L.R.3d 726.

Promotion schemes of retail stores as criminal offense under antigambling law, 29 A.L.R.3d 888.

Construction and application of state or municipal enactments relating to policy or numbers games, 70 A.L.R.3d 879.


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