18 U.S.C. § 1306 — Participation by financial institutions

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. Page 362 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1307 Section 20 of the Federal Deposit Insurance Act, re- ferred to in text, is classified to section 1829a of Title 12. 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. Statutory Notes and Related Subsidiaries 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. § 1307. Exceptions relating to certain advertise- ments and other information and to State- conducted lotteries (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 sta- tion 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 enter- prise, or similar scheme, other than one de- scribed 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 organiza- tion or a governmental organization; or (B) conducted as a promotional activity by a commercial organization and is clearly oc- casional and ancillary to the primary busi- ness 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 lot- tery 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 em- pire, 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 plac- ing 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 ex- empt under section 501 of the Internal Revenue Code of 1986. (Added Pub. L. 93–583, § 1, Jan. 2, 1975, 88 Stat. 1916; amended Pub. L. 94–525, § 1, Oct. 17, 1976, 90 Stat. 2478; Pub. L. 96–90, § 1, Oct. 23, 1979, 93 Stat. 698; Pub. L. 100–625, §§ 2(a), (b), 3(a)(1), (3), Nov. 7, 1988, 102 Stat. 3205, 3206.) Editorial Notes REFERENCES IN TEXT Section 501 of the Internal Revenue Code of 1986, re- ferred to in subsec. (d), is classified to section 501 of Title 26, Internal Revenue Code. AMENDMENTS 1988—Pub. L. 100–625, § 3(a)(1), substituted ‘‘Excep- tions relating to certain advertisements and other in- formation and to State-conducted lotteries’’ for ‘‘State-conducted lotteries’’ in section catchline. Subsec. (a). Pub. L. 100–625, § 2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘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 li- censed to a location in that State or an adjacent State which conducts such a lottery.’’ Subsec. (d). Pub. L. 100–625, §§ 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, § 1(a), incorporated ex- isting provision in text designated cl. (1), included mailing of equipment, and added cl. (2). Subsec. (c). Pub. L. 96–90, § 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’’. Statutory Notes and Related Subsidiaries 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 Pub. L. 100–625, § 4, Nov. 7, 1988, 102 Stat. 3206, pro- vided that: ‘‘If any provision of this Act or the amend- ments 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 cir- cumstances, shall not be affected by such invalida- tion.’’ § 1308. Limitation of applicability (a) LIMITATION OF APPLICABILITY.—Sections 1301, 1302, 1303, 1304, and 1306 shall not apply— (1) to a savings promotion raffle conducted by an insured depository institution or an in- sured credit union; or