---
kind: "section"
citation: "15 U.S.C. § 3005"
title: "15"
title_heading: "Commerce and Trade"
number: "3005"
heading: "Liability and damages"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/3005"
units:
  - "Chapter 57 — Interstate Horseracing"
---

# §3005. Liability and damages


Any [person](/usc/15/3002.md?p=1) accepting any [interstate off-track wager](/usc/15/3002.md?p=3) in violation of this chapter shall be civilly liable for damages to the [host State](/usc/15/3002.md?p=5), the [host racing association](/usc/15/3002.md?p=9) and the horsemen’s group. Damages for each violation shall be based on the total of off-track wagers as follows:

- (1) If the [interstate off-track wager](/usc/15/3002.md?p=3) was of a type accepted at the [host racing association](/usc/15/3002.md?p=9), damages shall be in an amount equal to that portion of the [takeout](/usc/15/3002.md?p=20) which would have been distributed to the [host State](/usc/15/3002.md?p=5), [host racing association](/usc/15/3002.md?p=9) and the horsemen’s group, as if each such [interstate off-track wager](/usc/15/3002.md?p=3) had been placed at the [host racing association](/usc/15/3002.md?p=9).
- (2) If such [interstate off-track wager](/usc/15/3002.md?p=3) was of a type not accepted at the [host racing association](/usc/15/3002.md?p=9), the amount of damages shall be determined at the rate of [takeout](/usc/15/3002.md?p=20) prevailing at the [off-track betting system](/usc/15/3002.md?p=7) for that type of wager and shall be distributed according to the same formulas as in [paragraph (1)](#1) above.

## Source credit

(Pub. L. 95–515, § 6, Oct. 25, 1978, 92 Stat. 1814.)