18 U.S.C. § 1307 — Exceptions relating to certain advertise-

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