PRIA, Government Policy, Made Personal

Summary

People who run a betting business and knowingly use phones, wires, or electronic systems to send bets, betting information, or messages that lead to money or credit across state or national lines can be punished. They can be fined under federal law, jailed for up to two years, or both. The rule does not stop sending sports news. It also does not block transmissions of betting information when the message goes from a place where that betting is legal to another place where it is legal. It does not protect someone from state criminal charges. Communications companies regulated by the FCC must stop providing a facility if a law enforcement agency in writing says it is being used to send gambling information in violation of the law, after reasonable notice to the customer. Companies that follow such a notice are not liable for damages. Affected people may go to court to challenge the cutoff. "State" here means a U.S. state, the District of Columbia, Puerto Rico, or a U.S. territory or possession.

Title 18, §1084

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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 under this title 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 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.

(c)Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State.

(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 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.

(e)As used in this section, the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a commonwealth, territory or possession of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1990—Subsec. (e). Pub. L. 101–647 inserted “commonwealth,” before “territory or possession of the United States”. 1988—Subsec. (b). Pub. L. 100–690, § 7024(a), inserted “or foreign country” after “State” in two places. Subsec. (c). Pub. L. 100–690, § 7024(b)(2), struck out “, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia” after “State”. Subsec. (e). Pub. L. 100–690, § 7024(b)(1), added subsec. (e).

Short Title

This section is popularly known as the “Wire Act”.

§1084 Transmission of Wagering Information; Penalties