What 18 USC § 1084 - Wire Act (Transmission of Wagering Information) requires
18 USC § 1084 (Federal Wire Act, originally enacted September 13, 1961 as the Interstate Wire Act of 1961, Pub. L. 87-216) criminalizes the use of wire communication facilities for transmission of bets, wagers, or information assisting in placing bets in interstate or foreign commerce: subsection (a) provides '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 under this title or imprisoned not more than two years, or both'; subsection (b) creates an exception for news reporting of sporting events and contests, and for transmissions between jurisdictions where wagering is lawfully permitted; subsection (c) preserves state criminal prosecution authority; the 2018 DOJ Opinion (and subsequent litigation in NH Lottery Commission v. Rosen 986 F.3d 38 (1st Cir. 2021)) interpreted the Act's 'sporting event or contest' scope, with continuing litigation about non-sports gambling coverage.
Pillar: Gaming & Gambling · Authority: United States Congress (Interstate Wire Act of 1961, Pub. L. 87-216, 75 Stat. 491; amended Pub. L. 97-394, Pub. L. 107-273, Pub. L. 109-177 - codified at 18 USC § 1084) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/18/1084
SHA-256 integrity: b4bbeffbaf6bc2d8768d279537658b768fc0c7ba3590f49c3090816cce973174
Primary Citations — 5 traced to source
- 18 USC § 1084(a) WIRE ACT PROHIBITION: '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 under this title or imprisoned not more than two years, or both.'
- 18 USC § 1084(b) NEWS REPORTING AND LAWFUL JURISDICTION EXCEPTION: '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 or foreign country where betting on that sporting event or contest is legal into a State or foreign country in which such betting is legal.'
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