Notes on 18 U.S.C. § 1301 : US Code - Notes

Search Notes on 18 U.S.C. § 1301 : US Code - Notes

(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.)
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'."
(!1) So in original. The comma probably should not appear.