22.16 [SETTING UP] [PROMOTING] [PLAYING AT] A GAME OF CHANCE FOR MONEY, THING OF VALUE, OR UNDER THE PRETEXT OF A SALE, GIFT, OR DELIVERY
§ 849.11, Fla. Stat.
To prove the crime of [Setting Up] [Promoting] [Playing at] a Game of Chance For Money, Thing of Value, or Under the Pretext of a Sale, Gift or Delivery, the State must prove following three elements beyond a reasonable doubt:
1.	(Defendant) [set up] [promoted] [played at] a game of chance.
2.	(Defendant) did so [by lot] [with [dice] [cards] [numbers] [hazards] [any gambling device]].
Give 3a and/or 3b as applicable.
3.	(Defendant) did so:
a.	for the disposal of money or other thing of value; or
b.	[under the pretext of a sale, gift, or delivery] [or] [for any right, share, or interest thereof].
Lesser Included Offenses
[SETTING UP] [PROMOTING] [PLAYING AT] A GAME OF CHANCE FOR MONEY, THING OF VALUE, OR UNDER THE PRETEXT OF A SALE, GIFT, OR DELIVERY — 849.11
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.	
None				
	Attempt	777.04	5.1	
Comment
This instruction was adopted in 2015.