§ 1955. — Prohibition of illegal gambling businesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1955]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 95--RACKETEERING
Sec. 1955. Prohibition of illegal gambling businesses
(a) Whoever conducts, finances, manages, supervises, directs, or
owns all or part of an illegal gambling business shall be fined under
this title or imprisoned not more than five years, or both.
(b) As used in this section--
(1) ``illegal gambling business'' means a gambling business
which--
(i) is a violation of the law of a State or political
subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance,
manage, supervise, direct, or own all or part of such business;
and
(iii) has been or remains in substantially continuous
operation for a period in excess of thirty days or has a gross
revenue of $2,000 in any single day.
(2) ``gambling'' includes but is not limited to pool-selling,
bookmaking, maintaining slot machines, roulette wheels or dice
tables, and conducting lotteries, policy, bolita or numbers games,
or selling chances therein.
(3) ``State'' means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(c) If five or more persons conduct, finance, manage, supervise,
direct, or own all or part of a gambling business and such business
operates for two or more successive days, then, for the purpose of
obtaining warrants for arrests, interceptions, and other searches and
seizures, probable cause that the business receives gross revenue in
excess of $2,000 in any single day shall be deemed to have been
established.
(d) Any property, including money, used in violation of the
provisions of this section may be seized and forfeited to the United
States. All provisions of law relating to the seizures, summary, and
judicial forfeiture procedures, and condemnation of vessels, vehicles,
merchandise, and baggage for violation of the customs laws; the
disposition of such vessels, vehicles, merchandise, and baggage or the
proceeds from such sale; the remission or mitigation of such
forfeitures; and the compromise of claims and the award of compensation
to informers in respect of such forfeitures shall apply to seizures and
forfeitures incurred or alleged to have been incurred under the
provisions of this section, insofar as applicable and not inconsistent
with such provisions. Such duties as are imposed upon the collector of
customs or any other person in respect to the seizure and forfeiture of
vessels, vehicles, merchandise, and baggage under the customs laws shall
be performed with respect to seizures and forfeitures of property used
or intended for use in violation of this section by such officers,
agents, or other persons as may be designated for that purpose by the
Attorney General.
(e) This section shall not apply to any bingo game, lottery, or
similar game of chance conducted by an organization exempt from tax
under paragraph (3) of subsection (c) of section 501 of the Internal
Revenue Code of 1986, as amended, if no part of the gross receipts
derived from such activity inures to the benefits of any private
shareholder, member, or employee of such organization except as
compensation for actual expenses incurred by him in the conduct of such
activity.
(Added Pub. L. 91-452, title VIII, Sec. 803(a), Oct. 15, 1970, 84 Stat.
937; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
L. 103-322, title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108 Stat.
2148.)
References in Text
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
Paragraph (3) of subsection (c) of section 501 of the Internal
Revenue Code of 1986, referred to in subsec. (e), is classified to
section 501(c)(3) of Title 26, Internal Revenue Code.
Amendments
1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $20,000''.
1986--Subsec. (e). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
Transfer of Functions
Offices of collector of customs, comptroller of customs, surveyor of
customs, and appraiser of merchandise in Bureau of Customs of Department
of the Treasury to which appointments were required to be made by
President with advice and consent of Senate ordered abolished, with such
offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan
No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out
in the Appendix to Title 5, Government Organization and Employees.
Functions of offices eliminated were already vested in Secretary of the
Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R.
4935, 64 Stat. 1280, set out in the Appendix to Title 5.
National Gambling Impact Study Commission
Pub. L. 104-169, Aug. 3, 1996, 110 Stat. 1482, as amended by Pub. L.
105-30, Sec. 1, July 25, 1997, 111 Stat. 248, established the National
Gambling Impact Study Commission to conduct a comprehensive legal and
factual study of the social and economic impacts of gambling in the
United States on Federal, State, local, and Native American tribal
governments, as well as on communities and social institutions
generally, including individuals, families, and businesses within such
communities and institutions, and to submit a report, not later than two
years after its first meeting, to the President, the Congress, State
Governors, and Native American tribal governments containing the
Commission's findings and conclusions, together with any recommendations
of the Commission, and further provided for membership of the
Commission, meetings, powers and duties of the Commission, personnel
matters, contracts for research with the Advisory Commission on
Intergovernmental Relations and the National Research Council,
definitions, appropriations, and termination of the Commission 60 days
after submission of its final report.
Priority of State Laws
Enactment of this section as not indicating an intent on the part of
the Congress to occupy the field in which this section operates to the
exclusion of State of local law on the same subject matter, or to
relieve any person of any obligation imposed by any State or local law,
see section 811 of Pub. L. 91-452, set out as a Priority of State Laws
note under section 1511 of this title.
Commission on Review of National Policy Toward Gambling
Sections 804-809 of Pub. L. 91-452 established Commission on Review
of National Policy Toward Gambling, provided for its membership and
compensation of members and staff, empowered Commission to subpoena
witnesses and grant immunity, required Commission to make a study of
gambling in United States and existing Federal, State, and local policy
and practices with respect to prohibition and taxation of gambling
activities and to make a final report of its findings and
recommendations to President and to Congress within four years of its
establishment, and provided for its termination sixty days after
submission of final report.
Section Referred to in Other Sections
This section is referred to in sections 1961, 2516 of this title;
title 8 section 1101; title 26 section 6050I.
