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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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What is Title 18 section 1302 and 1342 of the US ...

Customer Question

What is Title 18 section 1302 and 1342 of the US Postal and Lottery Laws?
Submitted: 8 years ago.
Category: Legal
Expert:  Thomas Swartz replied 8 years ago.

HelloCustomer

Those two provisions provide as follows:

18 United States Code § 1302 - Mailing lottery tickets or related matter

Whoever knowingly deposits in the mail, or sends or delivers by
mail:

Any letter, package, postal card, or circular concerning any
lottery, gift enterprise, or similar scheme offering prizes dependent in
whole or in part upon lot or chance;

Any lottery ticket or part thereof, or paper, certificate, or
instrument purporting to be or to represent a ticket, chance, share, or
interest in or dependent upon the event of a lottery, gift enterprise,
or similar scheme offering prizes dependent in whole or in part upon lot
or chance;

Any check, draft, bill, money, postal note, or money order, for the
purchase of any ticket or part thereof, or of any share or chance in any
such lottery, gift enterprise, or scheme;

Any newspaper, circular, pamphlet, or publication of any kind
containing any advertisement of any lottery, gift enterprise, or scheme
of any kind offering prizes dependent in whole or in part upon lot or
chance, or containing 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;

Any article described in section 1953 of this title--

Shall be fined under this title or imprisoned not more than two
years, or both; and for any subsequent offense shall be imprisoned not
more than five years.

18 United States Code § 1342 - Fictitious name or address

Whoever, for the purpose of conducting, promoting, or carrying on by
means of the Postal Service, any scheme or device mentioned in section
1341 of this title or any other unlawful business, uses or assumes, or
requests to be addressed by, any fictitious, false, or assumed title,
name, or address or name other than his own proper name, or takes or
receives from any post office or authorized depository of mail matter,
any letter, postal card, package, or other mail matter addressed to any
such fictitious, false, or assumed title, name, or address, or name
other than his own proper name, shall be fined under this title or
imprisoned not more than five years, or both.

I hope this answers your question.

Thomas

 

Customer: replied 8 years ago.
Reply to Thomas Swartz's Post: Does this mean it is okay to send to send letters to people, sending a $1 and asking that they send the letter to other people with your name and five other names.
Expert:  Thomas Swartz replied 8 years ago.

It is not clear to me what you are asking. Chain letters are generally not legal. The Postal Service and Federal Trade Commission investigates these things vigorously.

I would exercise extreme caution and read the information at FTC Consumer Alert.

Thomas

 

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