In this subtitle, “lottery device” means a policy, certificate, or other thing by which a person promises or guarantees that a number, character, ticket, or certificate will, when an event or contingency occurs, entitle the purchaser or holder to receive money, property, or evidence of debt.

Except as provided in subsection (b) of this section, this subtitle applies to all lotteries, including those authorized by any other state or foreign country. This subtitle does not apply to the State lottery established under Title 9, Subtitle 1 of the State Government Article.

A person may not: hold a lottery in this State; or sell a lottery device in the State for a lottery drawn in this State or elsewhere. A person who violates this section is guilty of a misdemeanor and on conviction shall be sentenced to imprisonment for not less than 3 months and not exceeding 12 months or a fine of not less than $200 and not exceeding $1,000 or both for each violation. In addition to the penalty provided under subsection (b) of this section, a person who gives money or any other thing to purchase or obtain a lottery device, for each lottery device purchased or obtained, may recover $50 from: the person to whom the money or other thing was given; or any person who aided or abetted that person.

A person may not: keep a house, office, or other place for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle; or allow a house or office that the person owns to be used for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle. A person who knows that the person’s house or office is being used for the purpose of selling or bartering a lottery device in violation of § 12-203 of this subtitle is deemed to be allowing the house or office to be used for those purposes. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

This section does not apply to a person who possesses: an item that is prohibited under this section that was obtained to procure or furnish evidence of a violation of this subtitle; or a lottery ticket or slip issued by this State or another government. A person may not: bring a lottery device into the State; or possess a book, list, slip, or record of: the numbers drawn in a lottery in this State or another state or country; a lottery device; or money received or to be received from the sale of a lottery device. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

This section does not apply to a lottery conducted by a government. A person may not print, write, or publish an account of a lottery that describes: when or where the lottery is to be drawn; any prize available in the lottery; the price of a lottery ticket or share of a lottery ticket; or where a lottery ticket may be obtained. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $100 or both.

A person may not: insure or receive consideration for insuring for or against the drawing of a lottery ticket or part of a lottery ticket; receive money, property, or evidence of debt in consideration of an agreement to repay or deliver the money, property, or evidence of debt, if a lottery ticket or a part of a lottery ticket is drawn or not drawn on a particular day or in a particular order; if contingent on the results of a lottery, and whether or not consideration is paid, promise or agree to: pay or deliver money, property, or evidence of debt; or refuse to do anything for the benefit of another; or publish a notice of an intent to perform or notice of a proposal to perform items (1) through (3) of this subsection. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment of not less than 3 months and not exceeding 6 months or a fine of not less than $100 and not exceeding $1,000 or both.

A court shall interpret §§ 12-201 through 12-207 of this subtitle liberally to treat as a lottery ticket any ticket, part of a ticket, or lottery device by which money is paid or another item is delivered when, in the nature of a lottery, an event or contingency occurs.

A grant, bargain, or transfer of real estate, goods, a right of action, or personal property is void if it occurs while engaging in, or aiding or assisting in a lottery.

Any recovery of a penalty for a violation of any of the provisions of this subtitle relating to a lottery, whether by indictment or action of debt, or before a justice of the peace before July 5, 1971, or before any court of competent jurisdiction, is considered a first conviction under this section. A person convicted a second or subsequent time of a violation of any of the provisions of this subtitle relating to a lottery is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

An indictment for violating the prohibition against the drawing of lotteries or the selling of lottery devices is sufficient if it states that the defendant drew a lottery or sold a lottery device. The indictment need not state the particular kind of lottery scheme involved in the alleged violation. The defendant, on timely request, is entitled to a bill of particulars.

A person may not directly or indirectly barter, sell, or trade or offer by publication or in any other manner to barter, sell, or trade goods or merchandise, in a package or in bulk, in exchange for a scheme or device constituting a gift enterprise. A person who violates this section is guilty of a misdemeanor and on conviction shall be sentenced to a fine of not less than $50 for each violation.