Title 18 — Crimes and Criminal Procedure
Part I · Chapter 95 — Racketeering
§ 1953. Interstate transportation of wagering paraphernalia
Statutory text
Whoever, except a common carrier in the usual course of its business, knowingly carries or sends in interstate or foreign commerce any record, paraphernalia, ticket, certificate, bills, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for use in (a) bookmaking; or (b) wagering pools with respect to a sporting event; or (c) in a numbers, policy, bolita, or similar game shall be fined under this title or imprisoned for not more than five years or both.
This section shall not apply to (1) parimutuel betting equipment, parimutuel tickets where legally acquired, or parimutuel materials used or designed for use at racetracks or other sporting events in connection with which betting is legal under applicable State law, or (2) the transportation of betting materials to be used in the placing of bets or wagers on a sporting event into a State in which such betting is legal under the statutes of that State, or (3) the carriage or transportation in interstate or foreign commerce of any newspaper or similar publication, or (4) equipment, tickets, or materials used or designed for use within a State in a lottery conducted by that State acting under authority of State law, (5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution or an insured credit union, or (6) the transportation in foreign commerce to a destination in a foreign country of equipment, tickets, or materials designed to be used within that foreign country in a lottery which is authorized by the laws of that foreign country.
Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia.
For purposes of this section—
the term “foreign country” means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions);
the term “insured credit union” shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752);
the term “insured depository institution” shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813);
the term “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; and
does not include the placing or accepting of bets or wagers on sporting events or contests;
the term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)); and
the term “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.
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.
Pub. L. 87–218 § 1 · 75 Stat. 492
Enacted · 18 U.S.C. § 1953
Added Pub. L. 87–218, § 1, Sept. 13, 1961, 75 Stat. 492
Source evidence
Code source credit
Added Pub. L. 87–218, § 1, Sept. 13, 1961, 75 Stat. 492Pub. L. 93–583 § 3 · 88 Stat. 1916
Added · 18 U.S.C. § 1953(b)(4)
Pub. L. 93–583 added cl. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 93–583 added cl. (4).Enacted provision · exact public law section
Sec. 3. Section 1953(b) of title 18 of the United States Code is amended by changing the period to a comma and adding: “or (4) equipment, tickets, or materials used or designed for use within a State in a lottery conducted by that State acting under authority of State law.”Pub. L. 96–90 § 2(1) · 93 Stat. 698
Added · 18 U.S.C. § 1953(b)(5)
Pub. L. 96–90, § 2(1), added cl. (5)
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 96–90, § 2(1), added cl. (5).Enacted provision · exact public law section
(1) in subsection (b), by striking out the period at the end of such subsection and inserting in lieu thereof the following: “, or (5) the transportation in foreign commerce to a destination in a foreign country of equipment, tickets, or materials designed to be used within that foreign country in a lottery which is authorized by the laws of that foreign country,”; andPub. L. 96–90 § 2(2) · 93 Stat. 698
Added · 18 U.S.C. § 1953(d); 18 U.S.C. § 1953(e)
Pub. L. 96–90, § 2(2), added subsecs. (d) and (e)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 96–90, § 2(2), added subsecs. (d) and (e).Enacted provision · exact public law section
(2) by adding at the end the following new subsections: “(d) 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.” ‘foreign country’ means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions). “(e) For the purposes of this section ‘lottery’ means the pooling of “Lottery.” 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.”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(L) · 108 Stat. 1796
Substituted · 18 U.S.C. § 1953(a)
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.Enacted provision · exact public law section
(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;American Savings Promotion Act
Pub. L. 113–251 § 5(2)(A) · 128 Stat. 2888
Substituted · 18 U.S.C. § 1953(b)
Pub. L. 113–251, § 5(2)(A), substituted “(5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution or an insured credit union, or (6)” for “or (5)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–251, § 5(2)(A), substituted “(5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution or an insured credit union, or (6)” for “or (5)”.Enacted provision · exact public law section
(A) in subsection (b), by striking “or (5)” and inserting “(5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution or an insured credit union, or (6)”; andAmerican Savings Promotion Act
Pub. L. 113–251 § 5(2)(B) · 128 Stat. 2888
Added · 18 U.S.C. § 1953(d); 18 U.S.C. § 1953(e)
Pub. L. 113–251, § 5(2)(B), added subsec. (d)
Struck · 18 U.S.C. § 1953(d); 18 U.S.C. § 1953(e)
Pub. L. 113–251, § 5(2)(B), struck out former subsecs. (d) and (e) which read as follows:
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 113–251, § 5(2)(B), added subsec. (d) and struck out former subsecs. (d) and (e) which read as follows:“(d) 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). “(e) For the purposes 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.”
Enacted provision · exact public law section
(B) by striking subsections (d) and (e) and inserting the following: “(d) Definitions. For purposes of this section— “(1) the term ‘foreign country’ means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions); “(2) the term ‘insured credit union’ shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); “(3) the term ‘insured depository institution’ shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); “(4) the term ‘lottery’— “(A) 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; and “(B) does not include the placing or accepting of bets or wagers on sporting events or contests; “(5) the term ‘savings promotion raffle’ means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)); and “(6) the term ‘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
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1975–2014 · 4 rounds
2014
Subsec. (b). Pub. L. 113–251, § 5(2)(A), substituted “(5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution or an insured credit union, or (6)” for “or (5)”.
Subsecs. (d), (e). Pub. L. 113–251, § 5(2)(B), added subsec. (d) and struck out former subsecs. (d) and (e) which read as follows:
“(d) 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).
“(e) For the purposes 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.”
1994
Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
1979
Subsec. (b)(5). Pub. L. 96–90, § 2(1), added cl. (5).
Subsecs. (d), (e). Pub. L. 96–90, § 2(2), added subsecs. (d) and (e).
1975
Subsec. (b)(4). Pub. L. 93–583 added cl. (4).
Credits
1961–2014 · 5 acts
- 1961Added Pub. L. 87–218, § 1, , 75 Stat. 492
- 1975amended Pub. L. 93–583, § 3, , 88 Stat. 1916
- 1979Pub. L. 96–90, § 2, , 93 Stat. 698
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(L), , 108 Stat. 2147
- 2014Pub. L. 113–251, § 5(2), , 128 Stat. 2891.
Show as published
(Added Pub. L. 87–218, § 1, , 75 Stat. 492; amended Pub. L. 93–583, § 3, , 88 Stat. 1916; Pub. L. 96–90, § 2, , 93 Stat. 698; Pub. L. 103–322, title XXXIII, § 330016(1)(L), , 108 Stat. 2147; Pub. L. 113–251, § 5(2), , 128 Stat. 2891.)