18 U.S.C. § 1953

Interstate transportation of wagering paraphernalia

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(a) 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.(b) 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.(c) 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.(d) 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.(Added Pub. L. 87–218, § 1, Sept. 13, 1961, 75 Stat. 492; amended Pub. L. 93–583, § 3, Jan. 2, 1975, 88 Stat. 1916; Pub. L. 96–90, § 2, Oct. 23, 1979, 93 Stat. 698; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 113–251, § 5(2), Dec. 18, 2014, 128 Stat. 2891.)Editorial NotesAmendments

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).

Notes of Decisions
Cited in 62 cases (2 in the last 5 years), 1962–2024 · leading case: Murphy v. National Collegiate Athletic Assn.
Murphy v. National Collegiate Athletic Assn. (2018) scotus “Similarly, 18 U. S. C. §1953 , which criminalizes the interstate transmission of wager­ ing paraphernalia, and 18 U.”
Greater New Orleans Broadcasting Assn., Inc. v. United States (1999) scotus · cites it 2× “§ 3704(a); see also 18 U. S. C. §§ 1953 (b)(1)-(3) (regarding interstate transportation of wagering paraphernalia).”
United States v. Fabrizio (1966) scotus · cites it 8× “We think it sufficient to hold that such a state of facts is comprehended by this indictment and within the terms of 18 U. S. C. § 1953 . The constitutional power of Congress to enact the statute as we have construed it is not questioned by appellee.”
United States v. Ward (1992) gasd · cites it 8× “The Government’s applications asserted that there was probable cause to believe certain named individuals, now defendants in this case, had committed and were committing certain offenses, including, inter alia, violations of 18 U.S.C. § 1953 and 26 U.S.C. § 7201 . The Court…”
United States v. Martin Mendelsohn, United States of America v. Robert Bentsen (1990) ca9 · cites it 3× “Overbreadth The defendants argue that 18 U.S.C. § 1953 is overbroad because it proscribes “knowing” interstate transport of wagering paraphernalia, but does not require that the distributor “intend” to incite illegal activity, thus proscribing some protected speech.”
United States v. Walter Richard Smith, A/K/A Bobby Smith (1979) ca5 · cites it 2× “It involves three counts, the first of which alleges a conspiracy extending from February 1, 1976 through June 16, 1977 to carry gambling paraphernalia in interstate commerce and to conduct an illegal gambling business in violation of 18 U.S.C. §§ 1953 and 1955. The second count…”
United States v. Kozeny (2011) ca2 “§ 371 , and the Travel Act, 18 U.S.C. § 1953 , and of making false statements in violation of 18 U.”
United States v. DiGiacomo (1990) mad · cites it 3× “§§ 894 (a), 892(a), and 2 (extortionate credit transactions); 18 U.S.C. §§ 1953 , 1955, and 2 (illegal gambling); 18 U.”
United States v. Michael J. Stuebben (1986) ca5 · cites it 5× “§ 1301 and 18 U.S.C. § 1953 . Convicted on all counts, he now appeals, advancing two arguments, one statutory and the other constitutional.”
United States v. John Guy Cartano (1976) ca8 · cites it 3× “This direct criminal appeal is taken by appellant, John Guy Cartano, following his conviction by a jury for interstate transportation of illegal gambling devices in violation of 18 U.S.C.A. § 1953 (1975). The issues raised on appeal include the sufficiency of the indictment, the…”
United States v. Joseph A. Chase, United States of America v. Robert H. Parrish, United States of America v. Wyatt J. Ro (1967) ca4 · cites it 2× “§ 1952 ), and interstate transportation of gambling paraphernalia ( 18 U.S.C.A. § 1953 ), and numerous substantive violations, appellants Chase and Parrish were found guilty, by a jury, of the conspiracy count and all substantive counts in which they were charged.”
Marchetti v. United States (1968) scotus “§§ 1301-1304 ; and upon the interstate transportation of wagering paraphernalia, 18 U. S. C. § 1953 . State and local enactments are more comprehensive.”
— 18 U.S.C. § 1953(a) — 2 cases
— 18 U.S.C. § 1953(b)(4) — 1 case
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.