§ 1302. Mailing lottery tickets or related matter

Statutory text

Whoever knowingly deposits in the mail, or sends or delivers by mail:

Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;

Any lottery ticket or part thereof, or 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;

Any check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme;

Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing 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;

Any article described in section 1953 of this title—

Shall be fined under this title or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 1302
June 25, 1948, ch. 645, 62 Stat. 762
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 762
1961
Pub. L. 87–218 § 2 · 75 Stat. 492
Inserted · 18 U.S.C. § 1302
Pub. L. 87–218 inserted sixth par., relating to articles described in section 1953 of this title
Source evidence
Code amendment note
Pub. L. 87–218 inserted sixth par., relating to articles described in section 1953 of this title.
Enacted provision · exact public law section
Sec. 2. Section 1302 of title 18, United States Code, is amended by deleting the dash at the end of the fifth paragraph and inserting in lieu thereof a semicolon and adding a new sixth paragraph as follows: “Any article described in section 1963 of this title—”.
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 1302
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in last par
Source evidence
Code amendment note
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in last par.
Enacted provision · exact public law section
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 336 (Mar. 4, 1909, ch. 321, § 213, 35 Stat. 1129).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.

Venue provision was omitted as covered by sections 3231 and 3237 of this title.

Minor changes were made in arrangement and phraseology.

Editorial Notes

Amendments1951–1994 · 3 rounds

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 articles described in section 1953 of this title.

1951

Act Oct. 31, 1951, substituted a colon for a semicolon at end of opening clause.

Credits

1948–1994 · 4 acts

1948June 25, 1948, ch. 645, 62 Stat. 762
1951Oct. 31, 1951, ch. 655, § 29, 65 Stat. 721
1961Pub. L. 87–218, § 2, Sept. 13, 1961, 75 Stat. 492
1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.

Show as published

(June 25, 1948, ch. 645, 62 Stat. 762; Oct. 31, 1951, ch. 655, § 29, 65 Stat. 721; Pub. L. 87–218, § 2, Sept. 13, 1961, 75 Stat. 492; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)