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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 61 — Lotteries

§ 1307. Exceptions relating to certain advertisements and other information and to State-conducted lotteries

Statutory text

(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.

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.

  1. Pub. L. 93–583 § 1 · 88 Stat. 1916

    Enacted · 18 U.S.C. § 1307

    Added Pub. L. 93–583, § 1, Jan. 2, 1975, 88 Stat. 1916

    Source evidence

    Code source credit
    Added Pub. L. 93–583, § 1, Jan. 2, 1975, 88 Stat. 1916

  2. Pub. L. 94–525 § 1 · 90 Stat. 2478

    Inserted · 18 U.S.C. § 1307(a)(1)

    Pub. L. 94–525 inserted “or in an adjacent State which conducts such a lottery” after “State”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 94–525 inserted “or in an adjacent State which conducts such a lottery” after “State”.

  3. Pub. L. 96–90 § 1(a) · 93 Stat. 698

    1. Amended · 18 U.S.C. § 1307(b)

      Pub. L. 96–90, § 1(a), incorporated existing provision in text designated cl. (1), included mailing of equipment

    2. Added · 18 U.S.C. § 1307(b)

      Pub. L. 96–90, § 1(a), incorporated existing provision in text added cl. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–90, § 1(a), incorporated existing provision in text designated cl. (1), included mailing of equipment, and added cl. (2).

    Enacted provision · exact public law section
    (1) by inserting “(1)” after “of this section”; and

  4. Pub. L. 96–90 § 1(b) · 93 Stat. 698

    1. Amended · 18 U.S.C. § 1307(c)

      Pub. L. 96–90, § 1(b), designated existing text as cl. (1)

    2. Added · 18 U.S.C. § 1307(c)

      Pub. L. 96–90, § 1(b), added cl. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–90, § 1(b), designated existing text as cl. (1) and added cl. (2).

    Enacted provision · exact public law section
    (1) by inserting “(1)” after “of this section”; and

  5. Charity Gaines Advertising Clarification Act of 1988

    Pub. L. 100–625 § 3(a)(1) · 102 Stat. 3205

    Substituted · 18 U.S.C. § 1307

    Pub. L. 100–625, § 3(a)(1), substituted “Exceptions relating to certain advertisements and other information and to State-conducted lotteries” for “State-conducted lotteries” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 100–625, § 3(a)(1), substituted “Exceptions relating to certain advertisements and other information and to State-conducted lotteries” for “State-conducted lotteries” in section catchline.

    Enacted provision · exact public law section
    (1) The section heading of section 1307 is amended to read as follows: “§ 1307. Exceptions relating to certain advertisements and other information and to State-conducted lotteries”.

    Effective date note
    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.

  6. Charity Gaines Advertising Clarification Act of 1988

    Pub. L. 100–625 § 2(a) · 102 Stat. 3205

    Amended · 18 U.S.C. § 1307(a)

    Pub. L. 100–625, § 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—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–625, § 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.”

    Enacted provision · exact public law section
    (a) State-Conducted Lotteries Under Title 18.— Subsection (a) of section 1307 of title 18, United States Code, is amended to read as follows: “(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.”.

    Effective date note
    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.

  7. Charity Gaines Advertising Clarification Act of 1988

    Pub. L. 100–625 · 102 Stat. 3205

    1. Inserted · 18 U.S.C. § 1307(d)

      Pub. L. 100–625, §§ 2(b), 3(a)(3), inserted “subsection (b) of” after “purposes of”

    2. Inserted · 18 U.S.C. § 1307(d)

      Pub. L. 100–625, §§ 2(b), 3(a)(3), 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.”

    Source evidence

    Code amendment note
    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.”

    Effective date note
    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.

6 of 10 references resolved to an enrolled provision · 4 partial

Editorial Notes

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.

Amendments1976–1988 · 3 rounds

1988

Pub. L. 100–625, § 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, § 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, §§ 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 existing 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 , 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, , 102 Stat. 3206, 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.”

Credits

1975–1988 · 4 acts
  1. 1975Added Pub. L. 93–583, § 1, , 88 Stat. 1916
  2. 1976amended Pub. L. 94–525, § 1, , 90 Stat. 2478
  3. 1979Pub. L. 96–90, § 1, , 93 Stat. 698
  4. 1988Pub. L. 100–625, §§ 2(a), (b), 3(a)(1), (3), , 102 Stat. 3205, 3206.
Show as published

(Added Pub. L. 93–583, § 1, , 88 Stat. 1916; amended Pub. L. 94–525, § 1, , 90 Stat. 2478; Pub. L. 96–90, § 1, , 93 Stat. 698; Pub. L. 100–625, §§ 2(a), (b), 3(a)(1), (3), , 102 Stat. 3205, 3206.)

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