§ 1307. — Exceptions relating to certain advertisements and other information and to Stateconducted lotteries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1307]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 61--LOTTERIES
Sec. 1307. Exceptions relating to certain advertisements 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 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.
(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.)
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.
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.''
Section Referred to in Other Sections
This section is referred to in title 39 section 3005.
