Is It Illegal to Gift a Lottery Ticket to a Child in New York?

With Christmas approaching quickly, it may be tempting to buy some lottery tickets and put them in a card for your nieces or nephews. But is giving a lottery ticket to a child actually against the law in New York?

The answer might surprise you.

What New York law actually says

In New York State, no one under the age of 18 is allowed to buy a lottery ticket. Retailers are required to check ID and refuse sales to anyone who is underage or cannot show valid identification.

But here’s where things get a bit more complicated.

As of now, there is no law that makes it illegal for an adult to give a lottery ticket to a child. That means slipping a scratch off into a stocking or handing one to a teenager as a gift is not a crime under state law. However, it's something that's strongly frowned on in New York.

Unlike alcohol, which cannot be gifted to underage recipients, lottery tickets can be given to children with some exceptions.

If that ticket turns out to be a winner, the prize can still legally be claimed. For larger winnings, the New York State Lottery may require a parent or legal guardian to collect or manage the money on the child’s behalf.

Why NY State warns against giving lottery tickets to kids

Even though it is legal, state officials are strongly urging adults not to do it.

The New York State Responsible Play Partnership, which includes the New York State Gaming Commission, the Office of Addiction Services and Supports, and the New York Council on Problem Gambling, has issued a renewed warning to parents and gift-givers across the state.

They say that lottery tickets are gambling, and gambling is meant for adults.

Research shows that kids who are exposed to gambling at a young age may be at higher risk for gambling problems later in life. Scratch-offs may look harmless, but they still teach the idea that money can be won instantly by chance.

That concern is why New York continues to support the national “Gift Responsibly” campaign, which encourages adults to keep lottery tickets and other gambling products out of kids’ hands.

State officials say lottery tickets can be fun gifts for adults. But they send the wrong message for kids.

If you are filling stockings or shopping for young relatives this season, the guidance from New York is clear: Save the scratch-offs for the grown-ups.