(1)an advertisement, list of prizes, or other information concerning a lottery conducted by a State acting under the authority of State law which is—
(A)contained in a publication published in that State or in a State which conducts such a lottery; or
(B)broadcast by a radio or television station licensed to a location in that State or a State which conducts such a lottery; or
(2)an advertisement, list of prizes, or other information concerning a lottery, gift enterprise, or similar scheme, other than one described in paragraph (1), that is authorized or not otherwise prohibited by the State in which it is conducted and which is—
(A)conducted by a not-for-profit organization or a governmental organization; or
(B)conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization.
(b)The provisions of sections
1303 shall not apply to the transportation or mailing—
(1)to addresses within a State of equipment, tickets, or material concerning a lottery which is conducted by that State acting under the authority of State law; or
(2)to an addressee within a foreign country of equipment, tickets, or material designed to be used within that foreign country in a lottery which is authorized by the law of that foreign country.
(c)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).
(d)For the purposes of subsection (b) 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. For purposes of this section, the term a “not-for-profit organization” means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (d), is classified to section
501 of Title
26, Internal Revenue Code.
1988—Pub. L. 100–625, § 3(a)(1), substituted “Exceptions relating to certain advertisements and other information and to State-conducted lotteries” for “State-conducted lotteries” in section catchline.
Subsec. (a). Pub. L. 100–625, § 2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The provisions of sections
1304 shall not apply to an advertisement, list of prizes, or information concerning a lottery conducted by a State acting under the authority of State law—
“(1) contained in a newspaper published in that State or in an adjacent State which conducts such a lottery, or
“(2) broadcast by a radio or television station licensed to a location in that State or an adjacent State which conducts such a lottery.”
Subsec. (d). Pub. L. 100–625, §§ 2(b),
3(a)(3), inserted “subsection (b) of” after “purposes of” and inserted at end “For purposes of this section, the term a ‘not-for-profit organization’ means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986.”
1979—Subsec. (b). Pub. L. 96–90, § 1(a), incorporated existing provision in text designated cl. (1), included mailing of equipment, and added cl. (2).
Subsec. (c). Pub. L. 96–90, § 1(b), designated existing text as cl. (1) and added cl. (2).
1976—Subsec. (a)(1). Pub. L. 94–525inserted “or in an adjacent State which conducts such a lottery” after “State”.
Section 4 ofPub. L. 100–625provided that: “If any provision of this Act or the amendments made by this Act [amending sections
1307 of this title and section
3005 of Title
39, Postal Service, and enacting provisions set out as notes under sections
1304 of this title], or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.