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.
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