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18 USC CHAPTER 61 - LOTTERIES 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 61 - LOTTERIES

.

-HEAD-

CHAPTER 61 - LOTTERIES

-MISC1-

Sec.

1301. Importing or transporting lottery tickets.

1302. Mailing lottery tickets or related matter.

1303. Postmaster or employee as lottery agent.

1304. Broadcasting lottery information.

1305. Fishing contests.

1306. Participation by financial institutions.

1307. Exceptions relating to certain advertisements and other

information and to State-conducted lotteries.

AMENDMENTS

1988 - Pub. L. 100-625, Sec. 3(a)(2), Nov. 7, 1988, 102 Stat.

3206, substituted ''Exceptions relating to certain advertisements

and other information and to State-conducted lotteries'' for

''State-conducted lotteries'' in item 1307.

1975 - Pub. L. 93-583, Sec. 2, Jan. 2, 1975, 88 Stat. 1916, added

item 1307.

1967 - Pub. L. 90-203, Sec. 5(b), Dec. 15, 1967, 81 Stat. 611,

added item 1306.

1950 - Act Aug. 16, 1950, ch. 722, Sec. 2, 64 Stat. 452, added

item 1305.

1949 - Act May 24, 1949, ch. 139, Sec. 33, 63 Stat. 94,

substituted ''as'' for ''at'' in item 1303.

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18 USC Sec. 1301 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 61 - LOTTERIES

-HEAD-

Sec. 1301. Importing or transporting lottery tickets

-STATUTE-

Whoever brings into the United States for the purpose of

disposing of the same, or knowingly deposits with any express

company or other common carrier for carriage, or carries in

interstate or foreign commerce any paper, certificate, or

instrument purporting to be or to represent a ticket, chance,

share, or interest in or dependent upon the event of a lottery,

gift enterprise, or similar scheme, offering prizes dependent in

whole or in part upon lot or chance, or any advertisement of, or

list of the prizes drawn or awarded by means of, any such lottery,

gift enterprise, or similar scheme; or, being engaged in the

business of procuring for a person in 1 State such a ticket,

chance, share, or interest in a lottery, gift, (FOOTNOTE 1)

enterprise or similar scheme conducted by another State (unless

that business is permitted under an agreement between the States in

question or appropriate authorities of those States), knowingly

transmits in interstate or foreign commerce information to be used

for the purpose of procuring such a ticket, chance, share, or

interest; or knowingly takes or receives any such paper,

certificate, instrument, advertisement, or list so brought,

deposited, or transported, shall be fined under this title or

imprisoned not more than two years, or both.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 762; Pub. L. 103-322, title

XXXII, Sec. 320905, title XXXIII, Sec. 330016(1)(H), Sept. 13,

1994, 108 Stat. 2126, 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 387 (Mar. 4, 1909, ch.

321, Sec. 237, 35 Stat. 1136).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Words ''in interstate or foreign commerce'' were substituted for

involved enumeration of places, thus permitting section to be

condensed and simplified without change of meaning. See definitive

section 10 of this title.

The rewritten punishment provision is in lieu of the following:

''for the first offense, be fined not more than $1,000 or

imprisoned not more than two years, or both; and for any subsequent

offense shall be imprisoned not more than two years''. There seems

no point in fixing a punishment for a second offense less than that

for the first offense.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' and inserted ''or, being engaged in

the business of procuring for a person in 1 State such a ticket,

chance, share, or interest in a lottery, gift, enterprise or

similar scheme conducted by another State (unless that business is

permitted under an agreement between the States in question or

appropriate authorities of those States), knowingly transmits in

interstate or foreign commerce information to be used for the

purpose of procuring such a ticket, chance, share, or interest;''

after ''scheme;''.

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-625, Sec. 1, Nov. 7, 1988, 102 Stat. 3205, provided

that: ''This Act (amending sections 1304 and 1307 of this title and

section 3005 of Title 39, Postal Service, and enacting provisions

set out as notes under sections 1304 and 1307 of this title) may be

cited as the 'Charity Games Advertising Clarification Act of

1988'.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1307 of this title; title

25 section 2720; title 39 section 3005.

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18 USC Sec. 1302 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 61 - LOTTERIES

-HEAD-

Sec. 1302. Mailing lottery tickets or related matter

-STATUTE-

Whoever knowingly deposits in the mail, or sends or delivers by

mail:

Any letter, package, postal card, or circular concerning any

lottery, gift enterprise, or similar scheme offering prizes

dependent in whole or in part upon lot or chance;

Any lottery ticket or part thereof, or paper, certificate, or

instrument purporting to be or to represent a ticket, chance,

share, or interest in or dependent upon the event of a lottery,

gift enterprise, or similar scheme offering prizes dependent in

whole or in part upon lot or chance;

Any check, draft, bill, money, postal note, or money order, for

the purchase of any ticket or part thereof, or of any share or

chance in any such lottery, gift enterprise, or scheme;

Any newspaper, circular, pamphlet, or publication of any kind

containing any advertisement of any lottery, gift enterprise, or

scheme of any kind offering prizes dependent in whole or in part

upon lot or chance, or containing any list of the prizes drawn or

awarded by means of any such lottery, gift enterprise, or scheme,

whether said list contains any part or all of such prizes;

Any article described in section 1953 of this title -

Shall be fined under this title or imprisoned not more than two

years, or both; and for any subsequent offense shall be imprisoned

not more than five years.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 762; Oct. 31, 1951, ch. 655, Sec.

29, 65 Stat. 721; Pub. L. 87-218, Sec. 2, Sept. 13, 1961, 75 Stat.

492; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,

1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 336 (Mar. 4, 1909, ch.

321, Sec. 213, 35 Stat. 1129).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Venue provision was omitted as covered by sections 3231 and 3237

of this title.

Minor changes were made in arrangement and phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in last par.

1961 - Pub. L. 87-218 inserted sixth par., relating to articles

described in section 1953 of this title.

1951 - Act Oct. 31, 1951, substituted a colon for a semicolon at

end of opening clause.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1307 of this title; title

25 section 2720; title 39 sections 3001, 3003, 3005.

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18 USC Sec. 1303 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 61 - LOTTERIES

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Sec. 1303. Postmaster or employee as lottery agent (FOOTNOTE 1)

-STATUTE-

(FOOTNOTE 1) Section catchline was not amended to conform to

change made in the text by Pub. L. 91-375.

Whoever, being an officer or employee of the Postal Service, acts

as agent for any lottery office, or under color of purchase or

otherwise, vends lottery tickets, or knowingly sends by mail or

delivers any letter, package, postal card, circular, or pamphlet

advertising any lottery, gift enterprise, or similar scheme,

offering prizes dependent in whole or in part upon lot or chance,

or any ticket, certificate, or instrument representing any chance,

share, or interest in or dependent upon the event of any lottery,

gift enterprise, or similar scheme offering prizes dependent in

whole or in part upon lot or chance, or any list of the prizes

awarded by means of any such scheme, shall be fined under this

title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 91-375, Sec.

6(j)(10), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18 U.S.C., 1940 ed., Sec. 337 (Mar. 4, 1909, ch.

321, Sec. 214, 35 Stat. 1130). Minor changes were made in

phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $100''.

1970 - Pub. L. 91-375 substituted ''an officer or employee of the

Postal Service'' for ''a postmaster or other person employed in the

Postal Service''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established thereby by the Board of Governors of

the United States Postal Service and published by it in the Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1307 of this title; title

25 section 2720; title 39 section 3005.

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18 USC Sec. 1304 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 61 - LOTTERIES

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Sec. 1304. Broadcasting lottery information

-STATUTE-

Whoever broadcasts by means of any radio or television station

for which a license is required by any law of the United States, or

whoever, operating any such station, knowingly permits the

broadcasting of, any advertisement of or information concerning any

lottery, gift enterprise, or similar scheme, offering prizes

dependent in whole or in part upon lot or chance, or any list of

the prizes drawn or awarded by means of any such lottery, gift

enterprise, or scheme, whether said list contains any part or all

of such prizes, shall be fined under this title or imprisoned not

more than one year, or both.

Each day's broadcasting shall constitute a separate offense.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 100-625, Sec.

3(a)(4), Nov. 7, 1988, 102 Stat. 3206; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 316 of title 47, U.S.C., 1940 ed., Telegraphs,

Telephones, and Radiotelegraphs (June 19, 1934, ch. 652, Sec. 316,

48 Stat. 1088).

Words ''upon conviction thereof'' were deleted as surplusage

since punishment can be imposed only after a conviction.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

1988 - Pub. L. 100-625 inserted ''or television'' after ''radio''

in first sentence.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 5 of Pub. L. 100-625 provided that: ''The amendments made

by this Act (amending this section and section 1307 of this title

and section 3005 of Title 39, Postal Service) shall take effect 18

months after the date of the enactment of this Act (Nov. 7,

1988).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1307 of this title; title

47 sections 312, 503; title 25 section 2720; title 39 section 3005.

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18 USC Sec. 1305 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 61 - LOTTERIES

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Sec. 1305. Fishing contests

-STATUTE-

The provisions of this chapter shall not apply with respect to

any fishing contest not conducted for profit wherein prizes are

awarded for the specie, size, weight, or quality of fish caught by

contestants in any bona fide fishing or recreational event.

-SOURCE-

(Added Aug. 16, 1950, ch. 722, Sec. 1, 64 Stat. 451.)

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18 USC Sec. 1306 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 61 - LOTTERIES

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Sec. 1306. Participation by financial institutions

-STATUTE-

Whoever knowingly violates section 5136A of the Revised Statutes

of the United States, section 9A of the Federal Reserve Act, or

section 20 of the Federal Deposit Insurance Act shall be fined

under this title or imprisoned not more than one year, or both.

-SOURCE-

(Added Pub. L. 90-203, Sec. 5(a), Dec. 15, 1967, 81 Stat. 611;

amended Pub. L. 101-73, title IX, Sec. 962(b), Aug. 9, 1989, 103

Stat. 502; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept.

13, 1994, 108 Stat. 2147.)

-REFTEXT-

REFERENCES IN TEXT

Section 5136A of the Revised Statutes of the United States,

referred to in text, is classified to section 25a of Title 12,

Banks and Banking.

Section 9A of the Federal Reserve Act, referred to in text, is

classified to section 339 of Title 12.

Section 20 of the Federal Deposit Insurance Act, referred to in

text, is classified to section 1829a of Title 12.

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AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

1989 - Pub. L. 101-73 struck out reference to section 410 of the

National Housing Act.

EFFECTIVE DATE

Section effective Apr. 1, 1968, see section 6 of Pub. L. 90-203,

set out as a note under section 25a of Title 12, Banks and Banking.

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18 USC Sec. 1307 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 61 - LOTTERIES

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Sec. 1307. Exceptions relating to certain advertisements and other

information and to State-conducted lotteries

-STATUTE-

(a) The provisions of sections 1301, 1302, 1303, and 1304 shall

not apply to -

(1) an advertisement, list of prizes, or other information

concerning a lottery conducted by a State acting under the

authority of State law which is -

(A) contained in a publication published in that State or in

a State which conducts such a lottery; or

(B) broadcast by a radio or television station licensed to a

location in that State or a State which conducts such a

lottery; or

(2) an advertisement, list of prizes, or other information

concerning a lottery, gift enterprise, or similar scheme, other

than one described in paragraph (1), that is authorized or not

otherwise prohibited by the State in which it is conducted and

which is -

(A) conducted by a not-for-profit organization or a

governmental organization; or

(B) conducted as a promotional activity by a commercial

organization and is clearly occasional and ancillary to the

primary business of that organization.

(b) The provisions of sections 1301, 1302, and 1303 shall not

apply to the transportation or mailing -

(1) to addresses within a State of equipment, tickets, or

material concerning a lottery which is conducted by that State

acting under the authority of State law; or

(2) to an addressee within a foreign country of equipment,

tickets, or material designed to be used within that foreign

country in a lottery which is authorized by the law of that

foreign country.

(c) For the purposes of this section (1) ''State'' means a State

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

Puerto Rico, or any territory or possession of the United States;

and (2) ''foreign country'' means any empire, country, dominion,

colony, or protectorate, or any subdivision thereof (other than the

United States, its territories or possessions).

(d) For the purposes of subsection (b) of this section

''lottery'' means the pooling of proceeds derived from the sale of

tickets or chances and allotting those proceeds or parts thereof by

chance to one or more chance takers or ticket purchasers.

''Lottery'' does not include the placing or accepting of bets or

wagers on sporting events or contests. For purposes of this

section, the term a ''not-for-profit organization'' means any

organization that would qualify as tax exempt under section 501 of

the Internal Revenue Code of 1986.

-SOURCE-

(Added Pub. L. 93-583, Sec. 1, Jan. 2, 1975, 88 Stat. 1916; amended

Pub. L. 94-525, Sec. 1, Oct. 17, 1976, 90 Stat. 2478; Pub. L.

96-90, Sec. 1, Oct. 23, 1979, 93 Stat. 698; Pub. L. 100-625, Sec.

2(a), (b), 3(a)(1), (3), Nov. 7, 1988, 102 Stat. 3205, 3206.)

-REFTEXT-

REFERENCES IN TEXT

Section 501 of the Internal Revenue Code of 1986, referred to in

subsec. (d), is classified to section 501 of Title 26, Internal

Revenue Code.

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AMENDMENTS

1988 - Pub. L. 100-625, Sec. 3(a)(1), substituted ''Exceptions

relating to certain advertisements and other information and to

State-conducted lotteries'' for ''State-conducted lotteries'' in

section catchline.

Subsec. (a). Pub. L. 100-625, Sec. 2(a), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''The

provisions of sections 1301, 1302, 1303, and 1304 shall not apply

to an advertisement, list of prizes, or information concerning a

lottery conducted by a State acting under the authority of State

law -

''(1) contained in a newspaper published in that State or in an

adjacent State which conducts such a lottery, or

''(2) broadcast by a radio or television station licensed to a

location in that State or an adjacent State which conducts such a

lottery.''

Subsec. (d). Pub. L. 100-625, Sec. 2(b), 3(a)(3), inserted

''subsection (b) of'' after ''purposes of'' and inserted at end

''For purposes of this section, the term a 'not-for-profit

organization' means any organization that would qualify as tax

exempt under section 501 of the Internal Revenue Code of 1986.''

1979 - Subsec. (b). Pub. L. 96-90, Sec. 1(a), incorporated

existing provision in text designated cl. (1), included mailing of

equipment, and added cl. (2).

Subsec. (c). Pub. L. 96-90, Sec. 1(b), designated existing text

as cl. (1) and added cl. (2).

1976 - Subsec. (a)(1). Pub. L. 94-525 inserted ''or in an

adjacent State which conducts such a lottery'' after ''State''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-625 effective 18 months after Nov. 7,

1988, see section 5 of Pub. L. 100-625, set out as a note under

section 1304 of this title.

SEVERABILITY

Section 4 of Pub. L. 100-625 provided that: ''If any provision of

this Act or the amendments made by this Act (amending sections 1304

and 1307 of this title and section 3005 of Title 39, Postal

Service, and enacting provisions set out as notes under sections

1301 and 1304 of this title), or the application of such provision

to any person or circumstance, is held invalid, the remainder of

this Act and the amendments made by this Act, and the application

of such provision to other persons not similarly situated or to

other circumstances, shall not be affected by such invalidation.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3005.

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