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18 USC CHAPTER 50 - GAMBLING 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50 - GAMBLING

.

-HEAD-

CHAPTER 50 - GAMBLING

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Sec.

1081. Definitions.

1082. Gambling ships.

1083. Transportation between shore and ship; penalties.

1084. Transmission of wagering information; penalties.

HISTORICAL AND REVISION NOTES

This section (section 23 of act May 24, 1949) inserts a new

chapter 50 (secs. 1081-1083) in title 18, U.S.C., incorporating,

with slight changes in phraseology, most of the provisions of act

of April 27, 1948 (ch. 235, 62 Stat. 200), which was not

incorporated in title 18 when the revision was enacted. Subsection

(e) of section 1 of such act, defining ''United States'', when used

in a geographical sense, was omitted as covered by section 5 of

such title 18. Section 4 of such act, which provided that nothing

in such act ''shall be held to take away or impair the jurisdiction

of the courts of the several States under the laws thereof, or to

preclude action, otherwise valid, by any State or Territory with

respect to the navigable waters within the boundaries of such State

or Territory'', was omitted as surplusage and unnecessary.

AMENDMENTS

1961 - Pub. L. 87-216, Sec. 3, Sept. 13, 1961, 75 Stat. 491,

added item 1084.

1949 - Act May 24, 1949, ch. 139, Sec. 23, 63 Stat. 92, added

chapter 50 and items 1081 to 1083.

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18 USC Sec. 1081 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50 - GAMBLING

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Sec. 1081. Definitions

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As used in this chapter:

The term ''gambling ship'' means a vessel used principally for

the operation of one or more gambling establishments. Such term

does not include a vessel with respect to gambling aboard such

vessel beyond the territorial waters of the United States during a

covered voyage (as defined in section 4472 of the Internal Revenue

Code of 1986 as in effect on January 1, 1994).

The term ''gambling establishment'' means any common gaming or

gambling establishment operated for the purpose of gaming or

gambling, including accepting, recording, or registering bets, or

carrying on a policy game or any other lottery, or playing any game

of chance, for money or other thing of value.

The term ''vessel'' includes every kind of water and air craft or

other contrivance used or capable of being used as a means of

transportation on water, or on water and in the air, as well as any

ship, boat, barge, or other water craft or any structure capable of

floating on the water.

The term ''American vessel'' means any vessel documented or

numbered under the laws of the United States; and includes any

vessel which is neither documented or numbered under the laws of

the United States nor documented under the laws of any foreign

country, if such vessel is owned by, chartered to, or otherwise

controlled by one or more citizens or residents of the United

States or corporations organized under the laws of the United

States or of any State.

The term ''wire communication facility'' means any and all

instrumentalities, personnel, and services (among other things, the

receipt, forwarding, or delivery of communications) used or useful

in the transmission of writings, signs, pictures, and sounds of all

kinds by aid of wire, cable, or other like connection between the

points of origin and reception of such transmission.

-SOURCE-

(Added May 24, 1949, ch. 139, Sec. 23, 63 Stat. 92; amended Pub. L.

87-216, Sec. 1, Sept. 13, 1961, 75 Stat. 491; Pub. L. 103-322,

title XXXII, Sec. 320501, Sept. 13, 1994, 108 Stat. 2114.)

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REFERENCES IN TEXT

Section 4472 of the Internal Revenue Code of 1986, referred to in

text, is classified to section 4472 of Title 26, Internal Revenue

Code.

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AMENDMENTS

1994 - Pub. L. 103-322, in definition of ''gambling ship'',

inserted at end ''Such term does not include a vessel with respect

to gambling aboard such vessel beyond the territorial waters of the

United States during a covered voyage (as defined in section 4472

of the Internal Revenue Code of 1986 as in effect on January 1,

1994).''

1961 - Pub. L. 87-216 inserted definition of ''wire communication

facility''.

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18 USC Sec. 1082 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50 - GAMBLING

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Sec. 1082. Gambling ships

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(a) It shall be unlawful for any citizen or resident of the

United States, or any other person who is on an American vessel or

is otherwise under or within the jurisdiction of the United States,

directly or indirectly -

(1) to set up, operate, or own or hold any interest in any

gambling ship or any gambling establishment on any gambling ship;

or

(2) in pursuance of the operation of any gambling establishment

on any gambling ship, to conduct or deal any gambling game, or to

conduct or operate any gambling device, or to induce, entice,

solicit, or permit any person to bet or play at any such

establishment,

if such gambling ship is on the high seas, or is an American vessel

or otherwise under or within the jurisdiction of the United States,

and is not within the jurisdiction of any State.

(b) Whoever violates the provisions of subsection (a) of this

section shall be fined under this title or imprisoned not more than

two years, or both.

(c) Whoever, being (1) the owner of an American vessel, or (2)

the owner of any vessel under or within the jurisdiction of the

United States, or (3) the owner of any vessel and being an American

citizen, shall use, or knowingly permit the use of, such vessel in

violation of any provision of this section shall, in addition to

any other penalties provided by this chapter, forfeit such vessel,

together with her tackle, apparel, and furniture, to the United

States.

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(Added May 24, 1949, ch. 139, Sec. 23, 63 Stat. 92; amended Pub. L.

103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat.

2147.)

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AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

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18 USC Sec. 1083 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50 - GAMBLING

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Sec. 1083. Transportation between shore and ship; penalties

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(a) It shall be unlawful to operate or use, or to permit the

operation or use of, a vessel for the carriage or transportation,

or for any part of the carriage or transportation, either directly

or indirectly, of any passengers, for hire or otherwise, between a

point or place within the United States and a gambling ship which

is not within the jurisdiction of any State. This section does not

apply to any carriage or transportation to or from a vessel in case

of emergency involving the safety or protection of life or

property.

(b) The Secretary of the Treasury shall prescribe necessary and

reasonable rules and regulations to enforce this section and to

prevent violations of its provisions.

For the operation or use of any vessel in violation of this

section or of any rule or regulation issued hereunder, the owner or

charterer of such vessel shall be subject to a civil penalty of

$200 for each passenger carried or transported in violation of such

provisions, and the master or other person in charge of such vessel

shall be subject to a civil penalty of $300. Such penalty shall

constitute a lien on such vessel, and proceedings to enforce such

lien may be brought summarily by way of libel in any court of the

United States having jurisdiction thereof. The Secretary of the

Treasury may mitigate or remit any of the penalties provided by

this section on such terms as he deems proper.

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(Added May 24, 1949, ch. 139, Sec. 23, 63 Stat. 92.)

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18 USC Sec. 1084 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50 - GAMBLING

-HEAD-

Sec. 1084. Transmission of wagering information; penalties

-STATUTE-

(a) Whoever being engaged in the business of betting or wagering

knowingly uses a wire communication facility for the transmission

in interstate or foreign commerce of bets or wagers or information

assisting in the placing of bets or wagers on any sporting event or

contest, or for the transmission of a wire communication which

entitles the recipient to receive money or credit as a result of

bets or wagers, or for information assisting in the placing of bets

or wagers, shall be fined under this title or imprisoned not more

than two years, or both.

(b) Nothing in this section shall be construed to prevent the

transmission in interstate or foreign commerce of information for

use in news reporting of sporting events or contests, or for the

transmission of information assisting in the placing of bets or

wagers on a sporting event or contest from a State or foreign

country where betting on that sporting event or contest is legal

into a State or foreign country in which such betting is legal.

(c) Nothing contained in this section shall create immunity from

criminal prosecution under any laws of any State.

(d) When any common carrier, subject to the jurisdiction of the

Federal Communications Commission, is notified in writing by a

Federal, State, or local law enforcement agency, acting within its

jurisdiction, that any facility furnished by it is being used or

will be used for the purpose of transmitting or receiving gambling

information in interstate or foreign commerce in violation of

Federal, State or local law, it shall discontinue or refuse, the

leasing, furnishing, or maintaining of such facility, after

reasonable notice to the subscriber, but no damages, penalty or

forfeiture, civil or criminal, shall be found against any common

carrier for any act done in compliance with any notice received

from a law enforcement agency. Nothing in this section shall be

deemed to prejudice the right of any person affected thereby to

secure an appropriate determination, as otherwise provided by law,

in a Federal court or in a State or local tribunal or agency, that

such facility should not be discontinued or removed, or should be

restored.

(e) As used in this section, the term ''State'' means a State of

the United States, the District of Columbia, the Commonwealth of

Puerto Rico, or a commonwealth, territory or possession of the

United States.

-SOURCE-

(Added Pub. L. 87-216, Sec. 2, Sept. 13, 1961, 75 Stat. 491;

amended Pub. L. 100-690, title VII, Sec. 7024, Nov. 18, 1988, 102

Stat. 4397; Pub. L. 101-647, title XII, Sec. 1205(g), Nov. 29,

1990, 104 Stat. 4831; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

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AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

1990 - Subsec. (e). Pub. L. 101-647 inserted ''commonwealth,''

before ''territory or possession of the United States''.

1988 - Subsec. (b). Pub. L. 100-690, Sec. 7024(a), inserted ''or

foreign country'' after ''State'' in two places.

Subsec. (c). Pub. L. 100-690, Sec. 7024(b)(2), struck out '',

Commonwealth of Puerto Rico, territory, possession, or the District

of Columbia'' after ''State''.

Subsec. (e). Pub. L. 100-690, Sec. 7024(b)(1), added subsec. (e).

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title;

title 8 section 1101.

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