-CITE-
    18 USC CHAPTER 61 - LOTTERIES                               01/03/2007

-EXPCITE-
    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.

-End-

-CITE-
    18 USC Sec. 1301                                            01/03/2007

-EXPCITE-
    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,(!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.

-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'."

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

-End-

-CITE-
    18 USC Sec. 1302                                            01/03/2007

-EXPCITE-
    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.)

-MISC1-
                       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.

-End-

-CITE-
    18 USC Sec. 1303                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 61 - LOTTERIES

-HEAD-
    Sec. 1303. Postmaster or employee as lottery agent (!1)

-STATUTE-

-STATUTE-
      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.

-FOOTNOTE-               

    (!1) Section catchline was not amended to conform to change made
         in the text by Pub. L. 91-375.

-End-

-CITE-
    18 USC Sec. 1304                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 61 - LOTTERIES

-HEAD-
    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]."

-End-

-CITE-
    18 USC Sec. 1305                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 61 - LOTTERIES

-HEAD-
    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.)

-End-

-CITE-
    18 USC Sec. 1306                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 61 - LOTTERIES

-HEAD-
    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.

-MISC1-
                                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.

-End-

-CITE-
    18 USC Sec. 1307                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 61 - LOTTERIES

-HEAD-
    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, Secs.
    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.

-MISC1-
                                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, Secs. 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."

-End-