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28 USC CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS

PROTECTION 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION

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CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION

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Sec.

3701. Definitions.

3702. Unlawful sports gambling.

3703. Injunctions.

3704. Applicability.

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28 USC Sec. 3701 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION

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Sec. 3701. Definitions

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For purposes of this chapter -

(1) the term "amateur sports organization" means -

(A) a person or governmental entity that sponsors, organizes,

schedules, or conducts a competitive game in which one or more

amateur athletes participate, or

(B) a league or association of persons or governmental

entities described in subparagraph (A),

(2) the term "governmental entity" means a State, a political

subdivision of a State, or an entity or organization, including

an entity or organization described in section 4(5) of the Indian

Gaming Regulatory Act (25 U.S.C. 2703(5)), that has governmental

authority within the territorial boundaries of the United States,

including on lands described in section 4(4) of such Act (25

U.S.C. 2703(4)),

(3) the term "professional sports organization" means -

(A) a person or governmental entity that sponsors, organizes,

schedules, or conducts a competitive game in which one or more

professional athletes participate, or

(B) a league or association of persons or governmental

entities described in subparagraph (A),

(4) the term "person" has the meaning given such term in

section 1 of title 1, and

(5) the term "State" means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, Palau, or any

territory or possession of the United States.

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(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4227.)

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EFFECTIVE DATE

Section 3 of Pub. L. 102-559 provided that: "This Act [enacting

this chapter and provisions set out as a note under section 1 of

this title] shall take effect on January 1, 1993."

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28 USC Sec. 3702 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION

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Sec. 3702. Unlawful sports gambling

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It shall be unlawful for -

(1) a governmental entity to sponsor, operate, advertise,

promote, license, or authorize by law or compact, or

(2) a person to sponsor, operate, advertise, or promote,

pursuant to the law or compact of a governmental entity,

a lottery, sweepstakes, or other betting, gambling, or wagering

scheme based, directly or indirectly (through the use of

geographical references or otherwise), on one or more competitive

games in which amateur or professional athletes participate, or are

intended to participate, or on one or more performances of such

athletes in such games.

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(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4228.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3703, 3704 of this title.

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28 USC Sec. 3703 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION

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Sec. 3703. Injunctions

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A civil action to enjoin a violation of section 3702 may be

commenced in an appropriate district court of the United States by

the Attorney General of the United States, or by a professional

sports organization or amateur sports organization whose

competitive game is alleged to be the basis of such violation.

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(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4228.)

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28 USC Sec. 3704 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION

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Sec. 3704. Applicability

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(a) Section 3702 shall not apply to -

(1) a lottery, sweepstakes, or other betting, gambling, or

wagering scheme in operation in a State or other governmental

entity, to the extent that the scheme was conducted by that State

or other governmental entity at any time during the period

beginning January 1, 1976, and ending August 31, 1990;

(2) a lottery, sweepstakes, or other betting, gambling, or

wagering scheme in operation in a State or other governmental

entity where both -

(A) such scheme was authorized by a statute as in effect on

October 2, 1991; and

(B) a scheme described in section 3702 (other than one based

on parimutuel animal racing or jai-alai games) actually was

conducted in that State or other governmental entity at any

time during the period beginning September 1, 1989, and ending

October 2, 1991, pursuant to the law of that State or other

governmental entity;

(3) a betting, gambling, or wagering scheme, other than a

lottery described in paragraph (1), conducted exclusively in

casinos located in a municipality, but only to the extent that -

(A) such scheme or a similar scheme was authorized, not later

than one year after the effective date of this chapter, to be

operated in that municipality; and

(B) any commercial casino gaming scheme was in operation in

such municipality throughout the 10-year period ending on such

effective date pursuant to a comprehensive system of State

regulation authorized by that State's constitution and

applicable solely to such municipality; or

(4) parimutuel animal racing or jai-alai games.

(b) Except as provided in subsection (a), section 3702 shall

apply on lands described in section 4(4) of the Indian Gaming

Regulatory Act (25 U.S.C. 2703(4)).

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(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4228.)

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REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec.

(a)(3)(A), is Jan. 1, 1993, see section 3 of Pub. L. 102-559, set

out as an Effective Date note under section 3701 of this title.

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