18 U.S.C. § 1304
Section 1304 · Broadcasting lottery information
Amended 3 times on record
Applied in 34 court decisions — leading case Greater New Orleans Broadcasting Association Incs v. United States (1999)
Most recently applied in 649 F. Supp. 2d 1025 - Minority Television Project Inc. v. Federal Communications Commission (August 2009)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Each day's broadcasting shall constitute a separate offense.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
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
Section 5 of Pub. L. 100–625 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].”
Cross References
Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title.