§ 1301. — Importing or transporting lottery tickets.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1301]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 61--LOTTERIES
Sec. 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 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.
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\1\ So in original. The comma probably should not appear.
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(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.)
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'.''
Section Referred to in Other Sections
This section is referred to in section 1307 of this title; title 25
section 2720; title 39 section 3005.