A lottery is a game of chance where things of smaller value or smaller sums of money are risked for the chance of becoming property or money of greater value upon the happening of an uncertain event. The are restrictions in USA on some certain actions connected with lotteries and these restrictions are defined in 18 USC Chapter 61.

18 U.S. Code Chapter 61 Consists of Several Statutes Including the Following:

18 USC Section 1301: Importing or Transporting Lottery Tickets

Under this statute, it is illegal to bring into the US or knowingly deposit with an express company or any other common carrier to be transported in interstate commerce any paper, certificate, or instrument that purports to be a lottery or any similar game of chance, or advertisement of a game of chance unless permitted within the United States.

It is also prohibited to knowingly transmit information used for the purposes of procuring a lottery ticket or ticket for a game of chance unless permitted within the USA.

Penalties for Violating 18 USC Section 1301

• Up to two years in a federal prison
• Fine

18 USC Section 1302: Mailing Lottery Tickets or Related Matter

Under this statute, it is prohibited to knowingly mailing or delivering by mail any package, letter, postcard, or circular that contains a lottery ticket or a ticket for a game of chance that is not permitted within the United States.

It is also illegal to transmit by mail any draft, checks, bill, postal note, or money for purchasing such tickets and mailing newspapers, circulars, or any other publications which contain advertisements for lotteries or games of chance.

Penalties for Violating 18 USC Sections 1302

• Up to two years in a federal prison

18 USC Section 1303: Postmaster or Employee as a Lottery Agent

This statute addresses the illegal actions of an officer or any employee of Postal Service who sends, delivers or vends lottery tickets, packages, circulars, postal cards, or acts as an agent for a lottery.

Penalties for Violating 18 USC Section 1303

• Up to one year in a federal prison
• 18 USC Section 1304: Broadcasting lottery information:

This statute prohibits broadcasting, or knowingly permits the broadcasting, advertisements for lotteries or games of chance, any information about the lottery on any TV or radio stations for which a license is required.

18 USC Section 1306: Participation by Financial Institutions

Under this statute, it is prohibited to knowingly violate the Federal Reserve Act, Federal Deposit Insurance Act and Revised Statutes of the United States.

Penalties for Violating 18 USC Section 1306

• Up to one year in a federal prison

18 USC Section 1307 carves out some exceptions to certain advertisements.

Do you have questions about anything that has not been covered in this topic? Please feel free to get in touch with KAASS Law at {meta.phoneFormatted} and our team of professionals will attempt to help you out with the best of our ability.

How to Open Up a Barber Shop or Hair Salon in Los Angeles

• Find a proper location for your business
• Register your business, your business name and business entity.
• Obtain a change of use permit, which ensures that the property meets the city requirements for particular type of business type.
• Obtain building permits are required for plumbing, electrical and structural changes to a building, such as, alterations, additions, demolition and construction.
• Obtain your establishment and cosmetology License. For operating a barber shop or hair salon in Los Angeles, you will need to complete an Establishment Application, available at https://www.barbercosmo.ca.gov/forms_pubs/forms/estab_app.pdf
• Additionally you, your employees and any independent contractors who are renting a chair or booth in the barbershop or hair salon will need to have a current license with the Board of Barbering and Cosmetology.

Requirements of All Barbershops and Hair Salons in Los Angeles

• Hand Washing Facilities

• Toilet Facilities

• Hot and Cold Running Water

• Drinking Water

• Cleanliness and Repair

Legal Obligations of Opening a Barbershop or Hair Salon in Los Angeles

The Price List of Barbershops and Hair Salons Must:

• Clearly and completely display pricing for every standard service, which means the 15 most-frequently requested services.
• Use a font 14-point boldface or larger.
• Be posted in an area conspicuous to the customer.
• The establishment is also required to provide a customer with a complete written price list upon request.

Three Classes of Electric Bicycles Under California Law:

• Driver shouldn't ride on the freeway with his e-bike
• E-bike riders under the age of 18 are required to wear a helmet
• It is prohibited to ride an e-bike under the influence of alcohol and drugs

Injuries Associated With Electric Bikes

• Head injuries, including traumatic brain injury
• Broken bones
• Back and spinal injuries
• Cuts and bruises

Determining Liability for Electric Bike Accidents

Driver at Fault

• Asking witnesses about the crash.
• Watching the cameras that can show how the crash happened
• Finding out if the driver was ever arrested for reckless behavior or cited by the authorities
• Taking photos of the accident and preserve the bike for a thorough inspection

The City at Fault

Manufacturer at Fault

Other Parties That Can Be Liable for Electric Bike Accidents in California

Types of Damages That Can Be Recovered from a Successful Electric Bike Accident Claim

• Medical expenses
• Hospitalization fees
• Lost wages
• Physical pain
• Lost future wages
• Cost of rehabilitation
• Mental anguish and other related damages.

False, Fictitious, or Fraudulent Claims, 18 US Code, Sections 286, and 287

According to Title 18, US Code, Sections 286, and 287 it is illegal to make false, fictitious, or fraudulent claims upon the United States or conspire to make such claims.

Elements of Crime Under US Code Section 286

The prosecution must establish the following element to convict the defendant under US Code Section 286.

• Defendant engaged in a conspiracy to get payment from a claim presented to a department or agency of the US for property or money.
• The presented claim was false, fictitious, or fraudulent.
• The defendant knew that the presented claim was false, fictitious, or fraudulent.

There can also be two additional elements, depending on the district:

• Defendant knew about the conspiracy.
• The defendant joined the conspiracy of his free will.

Elements of Crime Under Us Code Section 287

The prosecution must establish the following element to convict the defendant under the US Code, Section 287.

• Defendant made or presented a claim to a department or agency of the US for money or property
• The presented claim was false, fictitious, or fraudulent
• Defendant knew that the presented claim was false, fictitious, or fraudulent.
• The defendant did so with the intent to violate the law or with the awareness that what he was doing was wrong.

What Are False, Fictitious, or Fraudulent Claims?

False – means illegal and deliberately untrue. Presenting a false claim is having the intention to perpetrate a betrayal of trust or fraud.

Fictitious – means not real, feigned, or pretended.

Fraudulent– means made, done, or affected with the intention to carry out a fraud.

Claim Against the Us

Examples of claims against the US include, but are not limited to:

• Presenting untrue refund check to a financial institution for payment
• Presenting false tax return seeking a refund
• Cashing or depositing refund checks to which the person was not entitled.

Presentation of a claim against the government must be more than an intention to make a claim; it must be presented physically and actually, and thereby made to the government. The defendant can be convicted for only presenting the false claim and it is not necessary that the government pay or otherwise fulfill the fraudulent claim. Moreover, the claim doesn't have to be presented directly to the government, it can be presented to an intermediary authorized to accept the claim on behalf of the government, such as a tax return preparer, as long as the defendant is aware that the claim will we be presented to the government.

Defenses 18 US Code Section 286 and 287 Charges

• The defendant didn't have the intent to defraud.

Actually the process of making a claim against the government can be very confusing, and claimants can sometimes make honest mistakes. In case the prosecution can't prove beyond a reasonable doubt that the defendant made the false claim knowingly and intentionally he cannot be held criminally liable for this crime.

• There was no false claim.

In case the defendant can show that his claim was true and correct, then the charges must be dismissed.

Penalties for Violation 18 US Code Section 286 and 287

Penalties for violating Section 286: Conspiracy to defraud the Government with respect to claims.

• Up to 10 years in Federal Prison
• A fine.

Penalties for violating Section 287: False, fictitious or fraudulent claims.

• Up to 5 years in Federal Prison
• A fine.

Elements the Plaintiff Must Establish for a Successful Claim Related to the Federal Employers Liability Act

• Plaintiff was employed by the defendant
• Defendant was a common carrier by railroad
• Defendant was engaged in interstate commerce.
• Plaintiff's job duties furthered, or in any way substantially affected, interstate commerce. (Interstate commerce is a commercial activity, which crosses more than one state or country, such as the movement of goods from one state to another.)
• Plaintiff was acting within the scope of his employment at the time of the incident
• Defendant was negligent
• Plaintiff was harmed
• Defendant's negligence was a cause of the defendant's harm or death

Railroad Worker Injury Claims Based on Negligence

Who Is Covered by FELA?

• General maintenance workers
• Mechanics
• Track inspectors, and many others.

Statute of Limitations for Filing a Claim Under FELA

Compensation to Injured Railroad Workers

Commercial Bribery Penal Code 641.3 PC

What Must The Prosecutor Prove to Be Found Guilty of Penal Code Section 641.3 Commercial Bribery?

• The defendant is an employee who with the intent to defraud or injure solicits, accepts, or agrees to accept;
• Money or anything else greater than $250;
• From a person who is not an employer;
• Without the consent and knowledge of the employer; and
• In return for using his position to convey a benefit for that person.

Related Offenses to Bribery

• Penal Code 67 and 68 Bribery of an Executive Officer/Public Employee;
• Penal Code 85 and 86 Bribery of or by Legislators;
• Penal Code 92 and 93 Bribery of Judges and Jurors; and
• Penal Code 138 and 139 Bribery of or by Witnesses

Legal Defenses to California PC Section 641.3 (A) Charges

Penalties for a Commercial Bribery Penal Code Section 641.3

Penalties for Misdemeanor Commercial Bribery Conviction

• up to 1 year in a county jail

Penalties for Felony Commercial Bribery Conviction

• 16 months, two or three either in a county jail or California state prison

Los Angeles Criminal Defense Attorney

Negligent Hiring or Supervision of an Employee in California

Usually, injuries take place in a place of business, or the accident occurs due to the negligence of an employee in any other place. California law gives the injured person the right to sue and recover damages from the employer who is liable for the negligent hiring or supervision of the employee.

California Civil Jury Instruction (CACI) 426 clearly explains the elements that must be proven for convicting the employer in negligent hiring and/or supervising the employee:

• The employer hired the employee
• The employee was or became incompetent or unfit or to perform the work for which he was hired, or exposed others to a particular risk
• The employer knew or should have known that the employee was or became incompetent or unfit or to perform the work
• The employee's incompetence, unfitness, or risk factors caused the victim harm
• The employer's negligence in hiring, supervising or retaining the employee was a substantial factor in causing harm to the victim.

What Is Considered to Be an Employer in California?

According to California law, employee is any person subject to the direct control of an employer. Such people consist not only of salaried employees also of temporary workers, per diem overflow workers, independent contractors, agents, and third parties such as security guards.

Knowledge as an Element of Negligent Hiring

For being liable for negligent hiring, supervision, or retention the employer should have known or been on notice that the employee was incompetent or unable to perform the work.

According to California Civil Code Section 1714, every person is responsible for injuries caused by their want of ordinary care or skill in the management of their person or property. But this rule applies only in case the employee was acting within the scope of employment. So the employer is liable in case the employee was doing his job, carrying out company business, or otherwise acting on the employer's behalf when the accident happened.

Legal Defenses for CACI 426

• The employee acted intentionally

An employer cannot be liable in case the employee committed intentionally wrongful acts. But if the employer knew or reasonably should have known about the employee's intention to engage in an illegal act, the employer can still be liable for negligent hiring or supervision.

• The employee was not acting within the scope of the employment at the time of the accident

Employers can't be liable for the negligent or intentional actions of the employee which fall outside of the scope and course of the employment, because the consequences are unrelated to the employer.

How to Avoid Claims of Negligent Hiring or Retention?

Here are a few actions the employer can undertake to avoid claims of negligent hiring or retention

• Perform background checks. The employer must verify information on resumes, check driving records, and look for criminal convictions. These steps will weed out many employees and help the employer show that he was not negligent in the hiring practices.
• Pay special attention when hiring certain types of employers
• Schools owe a duty of care to protect students from predictable injuries by third parties. This includes negligence by school personnel, teachers, and other students
• Transportation network companies are obliged to check the criminal background of the drivers before hiring them.
• Employees who have a deal with vulnerable people such as children, the elderly, or people with disabilities require more careful screening.

Document the Uber Accident

• Take photographs of the vehicles involved in the accident.
• Obtain contact information and the names of all witnesses who were present when the accident happened.
• Get the insurance information for all involved drivers.
• Contact the police.
• Get to the hospital and receive prompt medical attention. Medical records can also serve as evidence of the happened accident.

Who Can Be Liable for the Injuries in an Uber Accident?

• The Uber driver
• Uber
• Other drivers involved in the accident
• Vehicle manufacturers
• Government entities, responsible for the safety and maintenance of thoroughfares.

Types of Damages the Victims of Uber Car Accident Can Recover

Economic Damages

• Lost wages
• Medical expenses
• Personal property damage

Non-Economic Damages

• Pain and suffering
• Disfigurement
• Mental anguish
• Loss of enjoyment of life
• Loss of consortium

Limits to Get Compensation

• Pain and suffering,
• Loss of enjoyment of life
• Loss of consortium.

Making a Demand for Compensation

• Explain how, when, where, and on what date the accident happened.
• Identify evidence that supports the victim's argument
• Clarify what medical treatment the victim has received for his injuries.
• Provide details about the victim's pain and suffering.
• Include a request for compensation by each category, such as medical care, lost wages, etc.

Los Angeles Uber Accident Lawyer

According to California Penal Code Section 206, torture is the infliction of great bodily harm with the intention to cause extreme pain and suffering for extortion, revenge, persuasion, or a sadistic purpose.

Torture is similar to mayhem under PC Section 203 and other violent crime offenses, but the main difference is the critical element of motivation. Without motivation, intention to cause suffering and pain and inflicting great bodily harm is not enough for a conviction under PC Section 206.

Elements of Torture in California PC 206

Prosecutor must establish the following elements to prove that defendant has committed an act of torture pursuant to California PC Section 206.

• Defendant inflicted great bodily injury on another person
• When defendant inflicted the injury, he intended to cause extreme or cruel pain and suffering for the purpose of extortion, revenge, persuasion, or any sadistic purpose.

Great Bodily Injury

Under California law, the crime of torture doesn't require any proof that the victim suffered pain. The only thing that must be shown is that the defendant inflicted great bodily injury and that when he did so he intended to cause extreme pain and suffering while.

For purposes of California PC Section 206, great bodily injury means a substantial or significant physical injury. It must something more than just a minor or moderate harm. Examples of "great bodily injury" include:

• Broken and smashed teeth
• Brain damage
• Facial cut
• Split lip
• Broken bones
• Concussions

Legal Defenses to California PC Section 206 Torture Charges

• Lack of intent

To be found guilty of torture under California PC Section 206, defendant should have caused cruel or extreme pain and suffering to the victim. The intent to hurt another one is not the same as intent to inflict extreme or cruel or pain and suffering.

• Motivation

To be found guilty of torture, defendant's motivation for causing extreme or cruel pain and inflicting great bodily injury must be for revenge, extortion, persuasion, or sadistic purposes.

• Self-defense or defense of another person

In case the defendant caused extreme pain or inflicted great bodily harm for reasonably defending himself or another person, he can't be convicted of torture.

Penalties for Violation California Penal Code 206

In case the defendant is convicted of the crime of torture under California PC Section 206, he will be punished with:

• A life sentence in California State Prison
• A fine of up to 10,000

A strike will be added to defendant's record under California's Three Strikes Law since torture is considered as a violent felony crime.

The defendant will be eligible to seek parole at a parole board hearing not earlier than seven years into his sentence.

Related Offenses to California PC Section 206 Torture

• Mayhem: California PC Sections 203 and 205
• Extortion: California PC Section 518
• Battery: California PC Section 242
• Aggravated Battery California PC Section 243(d)
• Corporal Injury on Spouse: California Penal Code Section 273.5

What Is PC 171.5 and What Constitutes a Violation of It?

California Penal Code section 171.5 is a California statute that makes it illegal to possess a firearm or several other kinds of weapons in an airport under certain circumstances. To be charged with a violation of this law, it is required that you: