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18 U.S.C.A. § 1301
Effective: [See Text Amendments]
United States Code Annotated Currentness
Title 18. Crimes and Criminal Procedure (Refs & Annos)
Part I. Crimes (Refs & Annos)
Chapter 61. Lotteries
§ 1301. Importing or transporting lottery tickets
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, [FN1] 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.
CREDIT(S)
(June 25, 1948, c. 645, 62 Stat. 762; Sept. 13, 1994, Pub.L. 103-322, Title XXXII, § 320905,
Title XXXIII, § 330016(1)(H), 108 Stat. 2126, 2147.)
[FN1] So in original. The comma probably should not appear.
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1948 Acts. Based on Title 18, U.S.C., 1940 ed., § 387 (Mar. 4, 1909, c. 321, § 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.
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18 U.S.C.A. § 1301
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.
1994 Acts. House Report Nos. 103-324, 103-489, and House Conference Report No. 103-711,
see 1994 U.S. Code Cong. and Adm. News, p. 1801.
Amendments
1994 Amendments. Pub.L. 103-322, § § 320905, 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;".
Pub.L. 103-322, § 330016(1)(H), substituted "under this title" for "not more than $1,000".
Short Title
1988 Amendments. Pub.L. 100-625, § 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'."
CROSS REFERENCES
Applicability of this section to-Canal Zone, see 18 USCA § 14.
State-conducted lotteries, see 18 USCA § 1307.
FEDERAL SENTENCING GUIDELINES
See Federal Sentencing Guidelines § 2E3.3, 18 USCA.
LAW REVIEW COMMENTARIES
Interstate gambling--Can states stop the run for the border? 44 Emory L.J. 1025 (1995).
Red lions, tigers and bears: Broadcast content regulation and the First Amendment.
Charles D. Ferris and Terrence J. Leahy, 38 Cath.U.L.Rev. 299 (1989).
LIBRARY REFERENCES
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18 U.S.C.A. § 1301
American Digest System
Lotteries
20.
Corpus Juris Secundum
CJS Commerce § 141, Other Offenses.
RESEARCH REFERENCES
ALR Library
5 ALR, Fed. 166, Validity and Construction of Federal Statute (18 U.S.C.A. § 1084(A)) Making
Transmission of Wagering Information a Criminal Offense.
85 ALR 4th 1048, Recovery in Tort for Wrongful Interference With Chance to Win Game,
Sporting Event, or Contest.
64 ALR 4th 1021, Private Contests and Lotteries: Entrants' Rights and Remedies.
40 ALR 4th 662, State Lotteries: Actions by Ticketholders Against State or Contractor for State.
91 ALR 2nd 1148, Criminal Conspiracies as to Gambling.
174 ALR 549, Interest Necessary to Maintenance of Declaratory Determination of Validity of
Statute or Ordinance.
105 ALR 305, "Numbers or Number Game" or "Policy Game" as a Lottery.
17 ALR 910, Power and Duty of Court to Direct or Advise Acquittal in Criminal Case for
Insufficiency of Evidence.
Encyclopedias
Am. Jur. 2d Constitutional Law § 143, Nature of Interest Required.
Am. Jur. 2d Customs Duties and Import Regulations § 372, Smuggling; Generally.
Treatises and Practice Aids
Federal Procedure, Lawyers Edition § 76:745, Transporting Lottery Tickets -- Indictment.
Federal Procedure, Lawyers Edition § 37:1357, What Laws Govern Importation of Immoral
Goods?
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18 U.S.C.A. § 1301
Federal Procedure, Lawyers Edition §
Proceedings, Generally.
37:1358, Exclusion, Forfeiture, and Criminal
NOTES OF DECISIONS
Acquittal 21
Admissibility of evidence 20
Aiders and abettors 14
Arrest 17
Carrying 7
Common law 5
Constitutionality 1
Construction 2
Construction with other laws 3
Indictment or information 19
Interstate and foreign commerce 8
Knowledge or intent 10
Lotteries 11
Papers, certificates, or instruments 9
Persons liable 13
Purpose 4
Ripeness 15
Standing 16
State regulation or control 6
Time of sale 12
Venue 18
1. Constitutionality
The carriage of lottery tickets from one state to another by an express company engaged in
carrying freight and packages from state to state is interstate commerce, which Congress, under
its power to regulate, may prohibit by making it an offense against the United States to cause
such tickets so to be carried. Champion v. Ames, U.S.Ill.1903, 23 S.Ct. 321, 188 U.S. 321, 47
L.Ed. 492. Commerce
82.6
Pennsylvania act proscribing sale within state of interest in another state's lottery complemented
federal statute as amended by Crime Control Act, prohibiting business of procuring for persons
in one state interest in lottery conducted in another state and, thus, Pennsylvania act did not
violate dormant commerce clause. Pic-A-State PA, Inc. v. Com. of Pa., C.A.3 (Pa.) 1994, 42
F.3d 175. Commerce
82.20
2. Construction
This section is penal in nature and must be strictly construed. U. S. v. Halseth, U.S.Wis.1952,
72 S.Ct. 275, 342 U.S. 277, 96 L.Ed. 308. See, also, France v. U.S., Ohio 1897, 17 S.Ct. 219,
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164 U.S. 676, 41 L.Ed. 595; U.S. v. McGuire, C.C.A.N.Y.1933, 64 F.2d 485, certiorari denied
54 S.Ct. 63, 290 U.S. 645, 78 L.Ed. 560; U.S. v. Wade, D.C.Tex.1932, 59 F.2d 831; U.S. v.
Whelpley, D.C.W.D.Va.1903, 125 F. 616; U.S. v. Ames, C.C.N.D.Ill.1899, 95 F. 453; U.S. v.
Bianco, D.C.Pa.1952, 103 F.Supp. 867.
3. Construction with other laws
In construing penal statutes, such as this section relating to transportation of lottery tickets, later
enactments should be considered especially if the latter cover practically the same subject as the
former and fix a less severe penalty. U.S. v. Mueller, C.A.5 (Tex.) 1949, 178 F.2d 593.
Lotteries
20
4. Purpose
Act Mar. 2, 1895, c. 191, 28 Stat. 963, was intended to supplement the provisions of prior Acts
excluding lottery tickets from the mails and prohibiting the importation of lottery matter from
abroad, and to prohibit the causing lottery tickets to be carried, and lottery tickets and lottery
advertisements to be transferred from one state to another by any means or method. Champion
v. Ames, U.S.Ill.1903, 23 S.Ct. 321, 188 U.S. 321, 47 L.Ed. 492.
5. Common law
The offense of transporting in interstate commerce lists of prizes drawn or awarded by means of
lottery was not a common law crime, and therefore, in determining whether any mental element
was included in offense charged, court would have to look to language of this section. U. S. v.
Bianco, W.D.Pa.1952, 103 F.Supp. 867. Lotteries
20
6. State regulation or control
Crime Control Act, prohibiting business of procuring for persons in one state interest in lottery
conducted in another state, did not preempt Pennsylvania act proscribing sale within state of
interest in another state's lottery; Congress did not explicitly state that its intention was to
preempt any state legislation, and crime defined in Pennsylvania act was totally consistent with
conduct prohibited by Crime Control Act. Pic-A-State PA, Inc. v. Com. of Pa., C.A.3 (Pa.)
1994, 42 F.3d 175. Lotteries
2; States
18.15
7. Carrying
The transporting of lottery prize lists and advertisements from one state to another on person and
in baggage of passenger on common carrier constituted "carrying" in interstate commerce within
purview of this section making such carrying a criminal offense. U. S. v. Bianco, W.D.Pa.1952,
103 F.Supp. 867. Lotteries
20
8. Interstate and foreign commerce
Under this section prohibiting the bringing of lottery tickets into the United States, and section
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10 of this title defining interstate commerce as including commerce between one state, territory,
possession, and another state, territory, or possession, bringing of lottery tickets into the United
States from Puerto Rico constituted "interstate commerce". U.S. v. De Jesus, C.A.2 (N.Y.) 1961,
289 F.2d 37, certiorari denied 81 S.Ct. 1924, 366 U.S. 963, 6 L.Ed.2d 1254. Lotteries
20
After lottery tickets, which had been sent by express from Pennsylvania to New York, were
received from interstate carrier in New York, they were no longer in "interstate commerce." U.S.
v. McGuire, C.C.A.2 (N.Y.) 1933, 64 F.2d 485, certiorari denied 54 S.Ct. 63, 290 U.S. 645, 78
L.Ed. 560, certiorari denied 54 S.Ct. 70, 290 U.S. 645, 78 L.Ed. 560. Commerce
82.20
The Act Mar. 2, 1895, c. 191, 28 Stat. 963, did not prohibit the transportation of lottery tickets
from a state to the municipality of the District of Columbia. U.S. v. Whelpley, W.D.Va.1903,
125 F. 616. Lotteries
20
The word "state" was used in a constitutional sense, which does not include a territory of the
United States; hence under Act Mar. 2, 1895, c. 191, 28 Stat. 963, referring only to carriage
from one state to another a complaint charging a person with having caused lottery tickets to be
carried and transported from a state to a territory did not charge an offense within said act. U.S.
v. Ames, C.C.N.D.Ill.1899, 95 F. 453.
Essential element of offense of importing or transporting lottery tickets is that goods are still in
interstate or foreign commerce. U. S. v. Sanderlin, E.D.Va.1961, 199 F.Supp. 116. Lotteries
20
9. Papers, certificates, or instruments
Policy slips written by a customer to indicate his choice of numbers, and delivered by him to an
agent of the policy game, to be forwarded by him to headquarters in another state, were not
within former section 387 of this title [now this section]. Francis v. U. S., U.S.Ohio 1903, 23
S.Ct. 334, 188 U.S. 375, 47 L.Ed. 508. Lotteries
20; Carriers
38(1)
The provision making it an offense to carry from one state to another any paper "purporting to be
or represent a ticket, chance, share or interest in or dependent upon the event of a lottery," does
not apply to the carrying of papers containing only figures representing the result of a lottery
drawing which has already taken place. France v. U. S., U.S.Ohio 1897, 17 S.Ct. 219, 164 U.S.
676, 41 L.Ed. 595. Lotteries
20; Carriers
38(1)
Absence of language indicating that prizes were to have been awarded by lot or chance was not
conclusive that ticket was not lottery ticket within former section 387 of this title [now this
section] which prohibited transportation of lottery tickets in interstate commerce. U.S. v.
McGuire, C.C.A.2 (N.Y.) 1933, 64 F.2d 485, certiorari denied 54 S.Ct. 63, 290 U.S. 645, 78
L.Ed. 560, certiorari denied 54 S.Ct. 70, 290 U.S. 645, 78 L.Ed. 560. Lotteries
3
Under this section, defendant who knowingly transported such lists in interstate commerce
would be convicted even though prizes listed related to lotteries which had already been held
rather than to future lotteries. U. S. v. Bianco, W.D.Pa.1952, 103 F.Supp. 867.
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10. Knowledge or intent
Act Mar. 2, 1895, c. 191, 28 Stat. 963, defined three separate offenses, and to constitute an
offense under either the second or third clause it was not necessary that the paper, certificate, or
instrument should have been brought into the United States from abroad for the purpose of
disposing of the same, those being the elements of the first offense alone. Reilley v. U. S.,
C.C.A.6 (Ohio) 1901, 106 F. 896, 46 C.C.A. 25, reversed 23 S.Ct. 334, 188 U.S. 375, 47 L.Ed.
508.
Conviction for knowingly transporting in interstate commerce lists of prizes drawn or awarded
by means of lottery was sustained by evidence, even if element of "intent" was required by this
section defining offense. U. S. v. Bianco, W.D.Pa.1952, 103 F.Supp. 867. Lotteries
29
11. Lotteries
The three necessary elements of a "lottery" are the furnishing of a consideration, the offering of a
prize, and the distribution of the prize by chance, rather than entirely upon a basis of merit.
Brooklyn Daily Eagle v. Voorhies, C.C.E.D.N.Y.1910, 181 F. 579. Lotteries
3
A scheme by which a prize was given to the person who obtained seven complete paper animals,
the parts of one of which, to be put together, were contained in each package of a food product
sold, but without anything on the outside of the package to indicate what animal was contained
therein had an element of chance in the purchase of the packages, and was a lottery scheme; and
the conveying of a ticket or instrument purporting to represent a share or interest therein from
one state into another constituted a criminal offense, under former section 387 of this title [now
this section]. U.S. v. McKenna, W.D.N.Y.1906, 149 F. 252. Postal Service
34
A scheme whereby defendant, to induce the sale of a cereal called "Mother's Oats," placed in
each package a coupon on which one of the letters which spelled the word "Mother's" was
printed, and offered premiums to persons holding coupons which would spell the word
"Mother's", although the letter "O" was placed on only one coupon in 500, was a lottery within
former section 387 of this title [now this section]. U.S. v. Jefferson, C.C.W.D.Ky.1905, 134 F.
299. Lotteries
3
Under this section making it criminal offense to knowingly transport in interstate or foreign
commerce any paper purporting to be chance "dependent upon event of lottery", or any
advertisement of "such lottery", defendant would be entitled to acquittal where lottery ticket and
advertisements transported related to lotteries which had already been held rather than to future
lotteries. U. S. v. Bianco, W.D.Pa.1952, 103 F.Supp. 867. Lotteries
20
Merchandise designed for use in carrying out scheme under which a customer, upon payment of
small sum would become entitled to remove a pull-tab and to receive a small pasteboard box
bearing same number as that on pull-tab and containing inexpensive prize and candy, was not
contraband and could be imported, since the scheme for which the merchandise was to be used
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was not a "lottery." U.S. v. 83 Cases of Merchandise Labeled "Honest John", D.C.Md.1939, 29
F.Supp. 912. Customs Duties
22
12. Time of sale
Former section 387 of this title [now this section] made it unlawful to conspire to transport in
interstate commerce purported lottery tickets before they were sold to ultimate holders, as well as
after such sale. U.S. v. McGuire, C.C.A.2 (N.Y.) 1933, 64 F.2d 485, certiorari denied 54 S.Ct.
63, 290 U.S. 645, 78 L.Ed. 560, certiorari denied 54 S.Ct. 70, 290 U.S. 645, 78 L.Ed. 560.
Conspiracy
28(3)
13. Persons liable
Person arranging for interstate shipments of tickets and other matter concerning lottery to be
made to him, and receiving original packages, was guilty under former section 387 of this title
[now this section]; persons receiving lottery tickets from one obtaining them in interstate
commerce and selling them for him, did not violate said section. U.S. v. Wade, D.C.Tex.1932,
59 F.2d 831. Lotteries
20
Persons who receive lottery tickets from consignee in state of ultimate destination, and distribute
them for consignee, are not within provisions of this section prohibiting importing or
transporting of lottery tickets. U. S. v. Sanderlin, E.D.Va.1961, 199 F.Supp. 116. Lotteries
27
14. Aiders and abettors
Undertaking by defendant in advance of shipments of lottery tickets from Puerto Rico to
purchase the tickets once they arrived in United States was sufficient to support his conviction as
an aider and abettor of all the criminal conduct of the seller. U.S. v. De Jesus, C.A.2 (N.Y.)
1961, 289 F.2d 37, certiorari denied 81 S.Ct. 1924, 366 U.S. 963, 6 L.Ed.2d 1254. Lotteries
27
15. Ripeness
Interstate lottery ticket seller's action challenging Interstate Wagering Amendment, which
prohibits interstate transmission of information to be used for purpose of procuring lottery
tickets, was ripe for adjudication, even though seller had not been threatened with prosecution
under statute; adversity of interests existed since seller terminated its business in response to
passage of Amendment which imposes criminal penalties for violations, legal issues could be
conclusively resolved since constitutionality of Amendment presented purely legal questions,
and action had utility since seller would resume its business if Amendment were held
unconstitutional. Pic-A-State Pa., Inc. v. Reno, C.A.3 (Pa.) 1996, 76 F.3d 1294, certiorari denied
116 S.Ct. 2504, 517 U.S. 1246, 135 L.Ed.2d 194. Federal Courts
13.15
16. Standing
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Interstate lottery ticket seller had standing to challenge constitutionality of Interstate Wagering
Amendment, which prohibits interstate transmission of information to be used for purpose of
procuring lottery ticket, even though no prosecution of seller was pending when it brought
action, where Amendment was specifically directed at seller and seller discontinued its business
upon passage of Amendment. Pic-A-State Pa., Inc. v. Reno, C.A.3 (Pa.) 1996, 76 F.3d 1294,
certiorari denied 116 S.Ct. 2504, 517 U.S. 1246, 135 L.Ed.2d 194. Constitutional Law
42.1(1)
17. Arrest
Where agent of Federal Bureau of Investigation saw defendant in company of known distributors
of lottery tickets, and saw defendant and distributors check suitcase at airport, and suitcase was
too large for short trip to city which defendant made earlier in day, and agent learned defendant
planned to fly to city in another state that day, and was told that suitcase contained lottery
materials, and coagent in other state was told by third agent on telephone that first-mentioned
agent had reliable information that defendant would arrive at specified time with lottery
materials, coagent had reasonable grounds to arrest defendant without a warrant after his arrival
for alleged interstate transmission of lottery materials. U. S. v. Bianco, C.A.3 (Pa.) 1951, 189
F.2d 716. Arrest
63.4(11)
18. Venue
Where overt acts in carrying out conspiracy to transport lottery tickets in interstate commerce
were committed in Massachusetts, accused, who was head of hospital in Illinois for benefit of
which lottery was conducted under contract between accused and codefendant, head of the
lottery organization, was chargeable with commission of the overt acts in Massachusetts and was
triable in Massachusetts, where evidence showed accused was in the conspiracy. Deacon v. U.
S., C.C.A.1 (Mass.) 1941, 124 F.2d 352. Criminal Law
113
19. Indictment or information
Where counts 1 and 2 of indictment charged violation of former section 387 of this title [now
this section] which forbade the carrying of lottery tickets in interstate movements on or about
July 24, 1937, and the counts were laid in identical language except that count 2 referred to
accused as "the said defendants" and did not name them, counts did not show conclusively that
they charged a single offense so as to require release on habeas corpus of an accused who served
sentence imposed on count 1 and was detained under sentence imposed on count 2 in view of
possibility that offense charged in count 2 occurred at a different time in the day or on a different
day than offense charged in count 1. Rosenhoover v. Hudspeth, C.C.A.10 (Kan.) 1940, 112 F.2d
667. Indictment And Information
128
Count of indictment charging that defendant caused named person to receive lottery tickets
"which had theretofore been transported" in interstate commerce was demurrable as stating no
crime, because language thereof imported that interstate shipment had ended before tickets were
received. U.S. v. McGuire, C.C.A.2 (N.Y.) 1933, 64 F.2d 485, certiorari denied 54 S.Ct. 63, 290
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U.S. 645, 78 L.Ed. 560, certiorari denied 54 S.Ct. 70, 290 U.S. 645, 78 L.Ed. 560. Lotteries
28
Indictment charging violation of this section prohibiting importing or transporting lottery tickets,
which alleged that defendant received lottery tickets previously brought into United States, and
which failed to allege that tickets were still in interstate or foreign commerce, was insufficient.
U. S. v. Sanderlin, E.D.Va.1961, 199 F.Supp. 116. Lotteries
28
20. Admissibility of evidence
In prosecution for conspiracy to cause transportation of purported lottery tickets in interstate
commerce, evidence showing how scheme was carried out after termination of transportation
was admissible. U.S. v. McGuire, C.C.A.2 (N.Y.) 1933, 64 F.2d 485, certiorari denied 54 S.Ct.
63, 290 U.S. 645, 78 L.Ed. 560, certiorari denied 54 S.Ct. 70, 290 U.S. 645, 78 L.Ed. 560.
Conspiracy
45
21. Acquittal
Acquittal under counts of indictment charging interstate and international carriage of lottery
tickets did not require acquittal under counts charging interstate express shipments thereof.
Cleary v. U S, C.C.A.10 (N.M.) 1932, 62 F.2d 824, certiorari denied 53 S.Ct. 524, 289 U.S. 726,
77 L.Ed. 1476. Criminal Law
878(4)
18 U.S.C.A. § 1301, 18 USCA § 1301
Current through P.L. 110-17 approved 04-09-07
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END OF DOCUMENT
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