Raffles

Representatives of various charitable organizations and businesses frequently call the prosecutor’s office asking whether it would be illegal to hold a raffle as a fund raiser. Any individual or group considering sponsoring a raffle should consult with an attorney and should run the idea past the prosecuting attorney’s office prior to starting the project.

A raffle in its usual sense is gambling. Gambling occurs when a person risks a sum of money (for example $5) on a chance to win something of greater value (such as a TV set). Whether his number happened to be pulled from the hat thereby entitling him to the TV would be a contest of "chance" and "a future contingent event" not under his control or influence. Thus, it is gambling.

If, on the other hand, a person is honestly not required to put up the $5 in return for receiving a chance to win, but instead has voluntarily chosen to make a donation, gambling is not occurring. In other words, as long as the $5 is truly a donation and as long as anyone who truly insisted that he receive a free ticket without making a donation would really get one, then the person has simply made a gift of the $5 and gambling is not being committed because he was not being required to "risk" anything.

To make it absolutely clear that no one is being required to risk anything in return for a chance at the prize, the sponsor of the raffle should have wording printed on each ticket saying substantially the following: "NO PURCHASE NECESSARY – DONATION OF $5 REQUESTED BUT NOT REQUIRED." In addition, the sponsor should make sure than anyone distributing the raffle tickets is adequately trained and realizes that if a person insists upon receiving a free one he will be provided with a free one. Finally, any signs advertising the event should also include the same language used on each ticket.

As long as these guidelines are followed, it is the opinion of the Cape Girardeau County Prosecuting Attorney that the crime of gambling is not being committed because nobody is being required to risk anything in return for a chance to win.

WARNING #1: It is a good practice to contact the Prosecuting Attorney’s Office and put your plans into writing and run them by our office before you conduct the raffle. That way, any problems might be noticed in advance and corrected.

WARNING #2: Several federal statutes deal with the subject of lotteries. While this office can say with certainty how Missouri state gambling laws will be interpreted in Cape Girardeau County, we cannot control what any federal agencies or prosecutors might do in regard to federal laws.