18 U.S.C. § 1304 : Crimes And Criminal Procedure — Lotteries — Crimes — Broadcasting Lottery Information

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.

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, § 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.

Constitutionality

For information regarding constitutionality of this section, see reference to act June 19, 1934, ch. 652, § 316 (on which this section is based), in Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.

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

Pub. L. 100–625, § 5, Nov. 7, 1988, 102 Stat. 3206, 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].”