The Professional and Amateur Sports Protection Act, également connu comme la "Loi Bradley", tente de définir le statut juridique des paris sportifs à travers les États-Unis. Cette loi interdit de manière efficace les paris sportifs à l'échelle nationale, à l'exception de quelques États.
28 USC CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS
PROTECTION
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION
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CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION
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Sec.
3701. Definitions.
3702. Unlawful sports gambling.
3703. Injunctions.
3704. Applicability.
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28 USC Sec. 3701 02/01/2010
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION
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Sec. 3701. Definitions
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For purposes of this chapter -
(1) the term "amateur sports organization" means -
(A) a person or governmental entity that sponsors, organizes,
schedules, or conducts a competitive game in which one or more
amateur athletes participate, or
(B) a league or association of persons or governmental
entities described in subparagraph (A),
(2) the term "governmental entity" means a State, a political
subdivision of a State, or an entity or organization, including
an entity or organization described in section 4(5) of the Indian
Gaming Regulatory Act (25 U.S.C. 2703(5)), that has governmental
authority within the territorial boundaries of the United States,
including on lands described in section 4(4) of such Act (25
U.S.C. 2703(4)),
(3) the term "professional sports organization" means -
(A) a person or governmental entity that sponsors, organizes,
schedules, or conducts a competitive game in which one or more
professional athletes participate, or
(B) a league or association of persons or governmental
entities described in subparagraph (A),
(4) the term "person" has the meaning given such term in
section 1 of title 1, and
(5) the term "State" means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Palau, or any
territory or possession of the United States.
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(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4227.)
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EFFECTIVE DATE
Section 3 of Pub. L. 102-559 provided that: "This Act [enacting
this chapter and provisions set out as a note under section 1 of
this title] shall take effect on January 1, 1993."
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28 USC Sec. 3702 02/01/2010
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION
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Sec. 3702. Unlawful sports gambling
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It shall be unlawful for -
(1) a governmental entity to sponsor, operate, advertise,
promote, license, or authorize by law or compact, or
(2) a person to sponsor, operate, advertise, or promote,
pursuant to the law or compact of a governmental entity,
a lottery, sweepstakes, or other betting, gambling, or wagering
scheme based, directly or indirectly (through the use of
geographical references or otherwise), on one or more competitive
games in which amateur or professional athletes participate, or are
intended to participate, or on one or more performances of such
athletes in such games.
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(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4228.)
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28 USC Sec. 3703 02/01/2010
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION
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Sec. 3703. Injunctions
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A civil action to enjoin a violation of section 3702 may be
commenced in an appropriate district court of the United States by
the Attorney General of the United States, or by a professional
sports organization or amateur sports organization whose
competitive game is alleged to be the basis of such violation.
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(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4228.)
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28 USC Sec. 3704 02/01/2010
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 178 - PROFESSIONAL AND AMATEUR SPORTS PROTECTION
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Sec. 3704. Applicability
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(a) Section 3702 shall not apply to -
(1) a lottery, sweepstakes, or other betting, gambling, or
wagering scheme in operation in a State or other governmental
entity, to the extent that the scheme was conducted by that State
or other governmental entity at any time during the period
beginning January 1, 1976, and ending August 31, 1990;
(2) a lottery, sweepstakes, or other betting, gambling, or
wagering scheme in operation in a State or other governmental
entity where both -
(A) such scheme was authorized by a statute as in effect on
October 2, 1991; and
(B) a scheme described in section 3702 (other than one based
on parimutuel animal racing or jai-alai games) actually was
conducted in that State or other governmental entity at any
time during the period beginning September 1, 1989, and ending
October 2, 1991, pursuant to the law of that State or other
governmental entity;
(3) a betting, gambling, or wagering scheme, other than a
lottery described in paragraph (1), conducted exclusively in
casinos located in a municipality, but only to the extent that -
(A) such scheme or a similar scheme was authorized, not later
than one year after the effective date of this chapter, to be
operated in that municipality; and
(B) any commercial casino gaming scheme was in operation in
such municipality throughout the 10-year period ending on such
effective date pursuant to a comprehensive system of State
regulation authorized by that State's constitution and
applicable solely to such municipality; or
(4) parimutuel animal racing or jai-alai games.
(b) Except as provided in subsection (a), section 3702 shall
apply on lands described in section 4(4) of the Indian Gaming
Regulatory Act (25 U.S.C. 2703(4)).
-SOURCE-
(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4228.)
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Matthieu ESCANDE
Enseignant-Chercheur en Droit
Université Paris 1 Panthéon-Sorbonne
Détaché au Collège Universitaire français de Moscou/MGU Doctorant en Droit Université de Toulouse I
Institut de Recherche en Droit Européen, International et Comparé