AGO 89-70.

Case DateJuly 11, 1989
CourtSouth Carolina
South Carolina Attorney General Opinions 1989. AGO 89-70. 181 July 11, 1989OPINION NO. 89-70The judgment call as to whether to prosecute a particular individual or whether a specific prosecution is warranted, or is on sound legal ground in an individual case involving the sale of lottery magazines which advertise opportunities to play a lottery, remains a matter within the exclusive discretion and jurisdiction of the Circuit Solicitor.TO: Solicitor, Seventh Judicial CircuitFROM: Charles W. Gambrell, Jr.
Deputy Attorney General
You have asked to be advised as to the law regarding a particular situation so that you may make a decision as Solicitor regarding prosecution. You reference two magazines, Lottery Players Magazine and Lottery Buster, which you indicated are offered at newsstands for sale. You note that, included in these magazines, are advertisements for opportunities to play a lottery. By one ad, featuring the Canadian lottery, an individual may pick six numbers on a form. By that form, he indicates how many weeks he wishes to play. To play five weeks and ten draws, a twenty-five dollar ($25.00) payment is required. The ad states that, upon receipt of the form in the mail, tickets will be returned to the purchaser. The ad also provides a toll-free telephone number offering the opportunity to play by phone with the use of a credit card. Another ad offers the opportunity to participate in the Australian lottery. The ad states that the lottery ticket, with the numbers the player chooses, is free, but there is a one dollar ($1.00) fee for the cost of postage and handling. 182 Because your questions involve potential prosecutorial decisions, I will attempt to outline, generally, the existing law in this area. First, reference should be made to Section 16-19-10, which provides in pertinent part as follows:
[w]hoever shall publicly or privately erect, set up or expose to be played or drawn at or shall cause or procure to be erected, set up or exposed to be played, drawn or thrown at any lottery . . . or by any undertaking whatsoever, in the nature of a lottery . . . or who shall make, write, print or publish or cause to be made, written or published any scheme or proposal for any of the purposes aforesaid and shall be convicted of any of the offenses aforesaid, on any indictment for the same, at the court of general sessions, shall forfeit the sum of one thousand dollars, one third thereof to and for the use of this State, one third part thereof to the informer and the other third part thereof to the county in which the offense shall be committed and shall also, for every such offense, be committed by the court to the common jail for the space of twelve months. . . . [Emphasis added.]
Moreover, Section 16-19-30 provides:
[i]t shall be unlawful to offer for sale any lottery tickets or to open and keep any office for the sale of lottery tickets. . . .
Upon conviction, a fine of ten thousand...

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