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Online Attorney
ing any spirituous, vinous,
malted, or other fermented liquor fit for use for beverage
purposes, which has been shipped into any place within the United
States, shall be fined under this title or imprisoned not more than
one year, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 761; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 388 (Mar. 4, 1909, ch.
321, Sec. 238, 35 Stat. 1136; June 25, 1936, ch. 815, Sec. 6, 49
Stat. 1929).
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of "principal" in section 2 of
this title.
Words "Territory, or District of the United States, or place
noncontiguous to but subject to the jurisdiction thereof," which
appeared twice, were omitted. See section 5 of this title defining
the "United States."
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $1,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3667 of this title.
-End-
-CITE-
18 USC Sec. 1265 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 59 - LIQUOR TRAFFIC
-HEAD-
Sec. 1265. C.O.D. shipments prohibited
-STATUTE-
Any railroad or express company, or other common carrier which,
or any person who, in connection with the transportation of any
spirituous, vinous, malted, or other fermented liquor, or any
compound containing any spirituous, vinous, malted, or other
fermented liquor fit for use for beverage purposes, into any State,
Territory, District or Possession of the United States, which
prohibits the delivery or sale therein of such liquor, collects the
purchase price or any part thereof, before, on, or after delivery,
from the consignee, or from any other person, or in any manner acts
as the agent of the buyer or seller of any such liquor, for the
purpose of buying or selling or completing the sale thereof, saving
only in the actual transportation and delivery of the same, shall
be fined under this title or imprisoned not more than one year, or
both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 762; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 389 (Mar. 4, 1909, ch.
321, Sec. 239, 35 Stat. 1136; June 25, 1936, ch. 815, Sec. 7, 49
Stat. 1929).
Changes similar to those made in section 1264 of this title were
also made in this section.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $5,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3667 of this title.
-End-
-CITE-
18 USC CHAPTER 61 - LOTTERIES 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 61 - LOTTERIES
-HEAD-
CHAPTER 61 - LOTTERIES
-MISC1-
Sec.
1301. Importing or transporting lottery tickets.
1302. Mailing lottery tickets or related matter.
1303. Postmaster or employee as lottery agent.
1304. Broadcasting lottery information.
1305. Fishing contests.
1306. Participation by financial institutions.
1307. Exceptions relating to certain advertisements and
other information and to State-conducted lotteries.
AMENDMENTS
1988 - Pub. L. 100-625, Sec. 3(a)(2), Nov. 7, 1988, 102 Stat.
3206, substituted "Exceptions relating to certain advertisements
and other information and to State-conducted lotteries" for
"State-conducted lotteries" in item 1307.
1975 - Pub. L. 93-583, Sec. 2, Jan. 2, 1975, 88 Stat. 1916, added
item 1307.
1967 - Pub. L. 90-203, Sec. 5(b), Dec. 15, 1967, 81 Stat. 611,
added item 1306.
1950 - Act Aug. 16, 1950, ch. 722, Sec. 2, 64 Stat. 452, added
item 1305.
1949 - Act May 24, 1949, ch. 139, Sec. 33, 63 Stat. 94,
substituted "as" for "at" in item 1303.
-End-
-CITE-
18 USC Sec. 1301 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 61 - LOTTERIES
-HEAD-
Sec. 1301. Importing or transporting lottery tickets
-STATUTE-
Whoever brings into the United States for the purpose of
disposing of the same, or knowingly deposits with any express
company or other common carrier for carriage, or carries in
interstate or foreign commerce any 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, or any advertisement of, or
list of the prizes drawn or awarded by means of, any such lottery,
gift enterprise, or similar scheme; or, being engaged in the
business of procuring for a person in 1 State such a ticket,
chance, share, or interest in a lottery, gift,(!1) enterprise or
similar scheme conducted by another State (unless that business is
permitted under an agreement between the States in question or
appropriate authorities of those States), knowingly transmits in
interstate or foreign commerce information to be used for the
purpose of procuring such a ticket, chance, share, or interest; or
knowingly takes or receives any such paper, certificate,
instrument, advertisement, or list so brought, deposited, or
transported, shall be fined under this title or imprisoned not more
than two years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 762; Pub. L. 103-322, title
XXXII, Sec. 320905, title XXXIII, Sec. 330016(1)(H), Sept. 13,
1994, 108 Stat. 2126, 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 387 (Mar. 4, 1909, ch.
321, Sec. 237, 35 Stat. 1136).
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of "principal" in section 2 of
this title.
Words "in interstate or foreign commerce" were substituted for
involved enumeration of places, thus permitting section to be
condensed and simplified without change of meaning. See definitive
section 10 of this title.
The rewritten punishment provision is in lieu of the following:
"for the first offense, be fined not more than $1,000 or imprisoned
not more than two years, or both; and for any subsequent offense
shall be imprisoned not more than two years". There seems no point
in fixing a punishment for a second offense less than that for the
first offense.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $1,000" and inserted "or, being engaged in the
business of procuring for a person in 1 State such a ticket,
chance, share, or interest in a lottery, gift, enterprise or
similar scheme conducted by another State (unless that business is
permitted under an agreement between the States in question or
appropriate authorities of those States), knowingly transmits in
interstate or foreign commerce information to be used for the
purpose of procuring such a ticket, chance, share, or interest;"
after "scheme;".
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-625, Sec. 1, Nov. 7, 1988, 102 Stat. 3205, provided
that: "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 1304 and 1307 of this title] may be
cited as the 'Charity Games Advertising Clarification Act of
1988'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1307 of this title; title
25 section 2720; title 39 section 3005.
-FOOTNOTE-
(!1) So in original. The comma probably should not appear.
-End-
-CITE-
18 USC Sec. 1302 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 61 - LOTTERIES
-HEAD-
Sec. 1302. Mailing lottery tickets or related matter
-STATUTE-
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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 762; Oct. 31, 1951, ch. 655, Sec.
29, 65 Stat. 721; Pub. L. 87-218, Sec. 2, Sept. 13, 1961, 75 Stat.
492; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,
1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 336 (Mar. 4, 1909, ch.
321, Sec. 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.
AMENDMENTS
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1307 of this title; title
25 section 2720; title 39 sections 3001, 3003, 3005.
-End-
-CITE-
18 USC Sec. 1303 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 61 - LOTTERIES
-HEAD-
Sec. 1303. Postmaster or employee as lottery agent (!1)
-STATUTE-
-STATUTE-
Whoever, being an officer or employee of the Postal Service, acts
as agent for any lottery office, or under color of purchase or
otherwise, vends lottery tickets, or knowingly sends by mail or
delivers any letter, package, postal card, circular, or pamphlet
advertising any lottery, gift enterprise, or similar scheme,
offering prizes dependent in whole or in part upon lot or chance,
or any ticket, certificate, or instrument representing any chance,
share, or interest in or dependent upon the event of any lottery,
gift enterprise, or similar scheme offering prizes dependent in
whole or in part upon lot or chance, or any list of the prizes
awarded by means of any such scheme, shall be fined under this
title or imprisoned not more than one year, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 91-375, Sec.
6(j)(10), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18 U.S.C., 1940 ed., Sec. 337 (Mar. 4, 1909, ch.
321, Sec. 214, 35 Stat. 1130). Minor changes were made in
phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $100".
1970 - Pub. L. 91-375 substituted "an officer or employee of the
Postal Service" for "a postmaster or other person employed in the
Postal Service".
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1 year after Aug.
12, 1970, on date established thereby by the Board of Governors of
the United States Postal Service and published by it in the Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal
Service.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1307 of this title; title
25 section 2720; title 39 section 3005.
-FOOTNOTE-
(!1) Section catchline was not amended to conform to change made
in the text by Pub. L. 91-375.
-End-
-CITE-
18 USC Sec. 1304 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 61 - LOTTERIES
-HEAD-
Sec. 1304. Broadcasting lottery information
-STATUTE-
Whoever broadcasts by means of any radio or television station
for which a license is required by any law of the United States, or
whoever, operating any such station, knowingly permits the
broadcasting of, any advertisement of or information concerning any
lottery, gift enterprise, or similar scheme, offering prizes
dependent in whole or in part upon lot or chance, or 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, shall be fined under this title or imprisoned not
more than one year, or both.
Each day's broadcasting shall constitute a separate offense.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 100-625, Sec.
3(a)(4), Nov. 7, 1988, 102 Stat. 3206; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 316 of title 47, U.S.C., 1940 ed., Telegraphs,
Telephones, and Radiotelegraphs (June 19, 1934, ch. 652, Sec. 316,
48 Stat. 1088).
Words "upon conviction thereof" were deleted as surplusage since
punishment can be imposed only after a conviction.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $1,000".
1988 - Pub. L. 100-625 inserted "or television" after "radio" in
first sentence.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 5 of Pub. L. 100-625 provided that: "The amendments made
by this Act [amending this section and section 1307 of this title
and section 3005 of Title 39, Postal Service] shall take effect 18
months after the date of the enactment of this Act [Nov. 7, 1988]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1307 of this title; title
47 sections 312, 503; title 25 section 2720; title 39 section 3005.
-End-
-CITE-
18 USC Sec. 1305 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 61 - LOTTERIES
-HEAD-
Sec. 1305. Fishing contests
-STATUTE-
The provisions of this chapter shall not apply with respect to
any fishing contest not conducted for profit wherein prizes are
awarded for the specie, size, weight, or quality of fish caught by
contestants in any bona fide fishing or recreational event.
-SOURCE-
(Added Aug. 16, 1950, ch. 722, Sec. 1, 64 Stat. 451.)
-End-
-CITE-
18 USC Sec. 1306 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 61 - LOTTERIES
-HEAD-
Sec. 1306. Participation by financial institutions
-STATUTE-
Whoever knowingly violates section 5136A of the Revised Statutes
of the United States, section 9A of the Federal Reserve Act, or
section 20 of the Federal Deposit Insurance Act shall be fined
under this title or imprisoned not more than one year, or both.
-SOURCE-
(Added Pub. L. 90-203, Sec. 5(a), Dec. 15, 1967, 81 Stat. 611;
amended Pub. L. 101-73, title IX, Sec. 962(b), Aug. 9, 1989, 103
Stat. 502; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept.
13, 1994, 108 Stat. 2147.)
-REFTEXT-
REFERENCES IN TEXT
Section 5136A of the Revised Statutes of the United States,
referred to in text, is classified to section 25a of Title 12,
Banks and Banking.
Section 9A of the Federal Reserve Act, referred to in text, is
classified to section 339 of Title 12.
Section 20 of the Federal Deposit Insurance Act, referred to in
text, is classified to section 1829a of Title 12.
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $1,000".
1989 - Pub. L. 101-73 struck out reference to section 410 of the
National Housing Act.
EFFECTIVE DATE
Section effective Apr. 1, 1968, see section 6 of Pub. L. 90-203,
set out as a note under section 25a of Title 12, Banks and Banking.
-End-
-CITE-
18 USC Sec. 1307 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 61 - LOTTERIES
-HEAD-
Sec. 1307. Exceptions relating to certain advertisements and other
information and to State-conducted lotteries
-STATUTE-
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