18 U.S.C. § 1302 — Mailing lottery tickets or related matter

Page 360 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1301 1 So in original. The comma probably should not appear. Sec. 1305. Fishing contests. 1306. Participation by financial institutions. 1307. Exceptions relating to certain advertisements and other information and to State-con- ducted lotteries. 1308. Limitation of applicability. Editorial Notes AMENDMENTS 2014—Pub. L. 113–251, § 4(b), Dec. 18, 2014, 128 Stat. 2890, added item 1308. 1988—Pub. L. 100–625, § 3(a)(2), Nov. 7, 1988, 102 Stat. 3206, substituted ‘‘Exceptions relating to certain adver- tisements and other information and to State-con- ducted lotteries’’ for ‘‘State-conducted lotteries’’ in item 1307. 1975—Pub. L. 93–583, § 2, Jan. 2, 1975, 88 Stat. 1916, added item 1307. 1967—Pub. L. 90–203, § 5(b), Dec. 15, 1967, 81 Stat. 611, added item 1306. 1950—Act Aug. 16, 1950, ch. 722, § 2, 64 Stat. 452, added item 1305. 1949—Act May 24, 1949, ch. 139, § 33, 63 Stat. 94, sub- stituted ‘‘as’’ for ‘‘at’’ in item 1303. § 1301. Importing or transporting lottery tickets 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 inter- state or foreign commerce any paper, certifi- cate, or instrument purporting to be or to rep- resent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift en- terprise, or similar scheme, offering prizes de- pendent 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 en- gaged in the business of procuring for a person in 1 State such a ticket, chance, share, or inter- est in a lottery, gift,1 enterprise or similar scheme conducted by another State (unless that business is permitted under an agreement be- tween the States in question or appropriate au- thorities 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, in- strument, advertisement, or list so brought, de- posited, or transported, shall be fined under this title or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 762; Pub. L. 103–322, title XXXII, § 320905, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2126, 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 387 (Mar. 4, 1909, ch. 321, § 237, 35 Stat. 1136). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Words ‘‘in interstate or foreign commerce’’ were sub- stituted for involved enumeration of places, thus per- mitting 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. Editorial Notes 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 appro- priate authorities of those States), knowingly trans- mits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest;’’ after ‘‘scheme;’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–625, § 1, Nov. 7, 1988, 102 Stat. 3205, pro- vided 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’.’’ § 1302. Mailing lottery tickets or related matter 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 simi- lar 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 de- pendent 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 publica- tion 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. (June 25, 1948, ch. 645, 62 Stat. 762; Oct. 31, 1951, ch. 655, § 29, 65 Stat. 721; Pub. L. 87–218, § 2, Sept. 13, 1961, 75 Stat. 492; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 336 (Mar. 4, 1909, ch. 321, § 213, 35 Stat. 1129). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Page 361 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1306 1 Section catchline was not amended to conform to change made in the text by Pub. L. 91–375. 1 See References in Text note below. Venue provision was omitted as covered by sections 3231 and 3237 of this title. Minor changes were made in arrangement and phrase- ology. Editorial Notes 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 ar- ticles described in section 1953 of this title. 1951—Act Oct. 31, 1951, substituted a colon for a semi- colon at end of opening clause. § 1303. Postmaster or employee as lottery agent 1 Whoever, being an officer or employee of the Postal Service, acts as agent for any lottery of- fice, 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 en- terprise, or similar scheme offering prizes de- pendent 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. (June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 91–375, § 6(j)(10), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18 U.S.C., 1940 ed., § 337 (Mar. 4, 1909, ch. 321, § 214, 35 Stat. 1130). Minor changes were made in phraseology. Editorial Notes 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 em- ployee of the Postal Service’’ for ‘‘a postmaster or other person employed in the Postal Service’’. Statutory Notes and Related Subsidiaries 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. § 1304. Broadcasting lottery information 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, op- erating any such station, knowingly permits the broadcasting of, any advertisement of or infor- mation 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. (June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 100–625, § 3(a)(4), Nov. 7, 1988, 102 Stat. 3206; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 316 of title 47, U.S.C., 1940 ed., Tele- graphs, Telephones, and Radiotelegraphs (June 19, 1934, ch. 652, § 316, 48 Stat. 1088). Words ‘‘upon conviction thereof’’ were deleted as sur- plusage 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–625, § 5, Nov. 7, 1988, 102 Stat. 3206, pro- vided 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].’’ § 1305. Fishing contests The provisions of this chapter shall not apply with respect to any fishing contest not con- ducted for profit wherein prizes are awarded for the specie, size, weight, or quality of fish caught by contestants in any bona fide fishing or rec- reational event. (Added Aug. 16, 1950, ch. 722, § 1, 64 Stat. 451.) § 1306. Participation by financial institutions Whoever knowingly violates section 5136A 1 of the Revised Statutes of the United States, sec- tion 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. (Added Pub. L. 90–203, § 5(a), Dec. 15, 1967, 81 Stat. 611; amended Pub. L. 101–73, title IX, § 962(b), Aug. 9, 1989, 103 Stat. 502; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes REFERENCES IN TEXT Section 5136A of the Revised Statutes of the United States, referred to in text, was renumbered section 5136B and a new section 5136A was added by Pub. L. 106–102, title I, § 121(a), Nov. 12, 1999, 113 Stat. 1373. Sec- tions 5136A and 5136B of the Revised Statutes are classi- fied to sections 24a and 25a, respectively, 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.