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To amend chapter 50 of title 18, United States Code, with respect to the transmission of bets, wagers, and related information.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1081 Wagering inof title 18 of the United States Code is amended by adding the formation. following paragraph:

Transmission. 63 Stat. 92.

"The term 'wire communication facility' means any and all instrumentalities, personnel, and services (among other things, the receipt, "Wire communiforwarding, or delivery of communications) used or useful in the cation facility transmission of writings, signs, pictures, and sounds of all kinds by aid

of wire, cable, or other like connection between the points of origin

and reception of such transmission."

SEC. 2. Chapter 50 of such title is amended by adding thereto a new 18 USC 1081section 1084 as follows:

"§ 1084. Transmission of wagering information; penalties

"(a) Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined not more than $10,000 or imprisoned not more than two years, or both.

"(b) Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests, or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State where betting on that sporting event or contest is legal into a State in which such betting is legal.

"(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) When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person

1083.

75 STAT. 491.

affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored."

SEC. 3. The analysis preceding section 1081 of such title is amended by adding the following item:

"Sec. 1084. Transmission of wagering information; penalties."

Approved September 13, 1961.

87th Congress, S. 1657
September 13, 1961

An Act

75 STAT. 492.

To provide means for the Federal Government to combat interstate crime and to assist the States in the enforcement of their criminal laws by prohibiting the interstate transportation of wagering paraphernalia.

Be it enacted by the Senate and House of Representatives of the United States of America in l'ongress assembled, That chapter 95 of Wagering paratitle 18, United States Code, is amended by adding the following new phernalia. section at the end thereof:

Interstate transportation.

62 Stat. 793.

❝8 1953. Interstate transportation of wagering paraphernalia "(a) Whoever, except a common carrier in the usual course of its 18 USC 1951. 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 not more than $10,000 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.

"(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."

and by adding the following item to the analysis of the chapter:

"Sec. 1953. Interstate transportation of wagering paraphernalia."

SEC. 2. Section 1302 of title 18, United States Code, is amended by 62 Stat. 762. deleting the dash at the end of the fifth paragraph and inserting in

lieu thereof a semicolon and adding a new sixth paragraph as follows:

"Any article described in section 1953 of this title ".

Approved September 13, 1961.

Public Law 87-221
87th Congress, H. R. 2429
September 13, 1961

An Act

75 STAT. 494.

To prohibit destruction of, or injury to, certain property moving in interstate or foreign commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) it shall be Property movunlawful for any person willfully to destroy or injure any property ing in intermoving in interstate or foreign commerce in the possession of a common or contract carrier by railroad, motor vehicle, or aircraft, fully to attempt to destroy or injure any such property. (b) Whoever violates any provision of subsection (a) of this section shall be fined not more than $5,000 or imprisoned not more than ten years, or both.

or will

(c) To establish the interstate or foreign commerce character of any property involved in any prosecution under this section, the waybill or similar shipping document of such property shall be prima facie evidence of the place from which and to which such property was moving.

SEC. 2. A judgment of conviction or acquittal on the merits under the laws of any State or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, shall be a bar to any prosecution under this Act for the same act or acts. Approved September 13, 1961.

state commerce.
Destruction
or injury pro-
hibited.

87th Congress, S. 1653
September 13, 1961

An Act

To amend title 18, United States Code, to prohibit travel or transportation in commerce in aid of racketeering enterprises.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 95 of Crimes and title 18, United States Code, is amended (a) by adding the following new section at the end thereof:

"§ 1952. Interstate and foreign travel or transportation in aid of racketeering enterprises

(a) Whoever travels in interstate or foreign commerce or uses any facility in interstate or foreign commerce, including the mail, with intent to

"(1) distribute the proceeds of any unlawful activity; or

(2) commit any crime of violence to further any unlawful activity; or

"(3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity,

oriminal procedure.

62 Stat. 793.

75 STAT. 498.

and thereafter performs or attempts to perform any of the acts speci- 75 STAT. 499. fied in subparagraphs (1), (2), and (3), shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

"(b) As used in this section 'unlawful activity' means (1) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics, or prostitution offenses in violation of the laws of the State in which they are committed or of the United States, or (2) extortion or bribery in violation of the laws of the State in which committed or of the United States.

"(c) Investigations of violations under this section involving liquor or narcotics shall be conducted under the supervision of the Secretary of the Treasury."

and (b) by adding the following item to the analysis of the chapter: "Sec. 1952. Interstate and foreign travel or transportation in aid of racketeering

enterprises."

Approved September 13, 1961.

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