Report Number I-2001-07
July 19, 2001
Title 18 United States Code, Chapter 71 - Obscenity
Section 1460. Possession with Intent to Sell, and Sale, of Obscene Matter on Federal Property
- Whoever knowingly sells or possesses with intent to sell an obscene visual depiction shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both, in the Indian country (Section 1151) or in the special maritime and territorial jurisdiction of the United States.
- The term "visual depiction" includes undeveloped film and videotape but does not include mere words.
Section 1461. Mailing Obscene or Crime-Inciting Matter
- Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; and
- Every article, instrument, substance, drug, medicine, advertisement, or any kind of information of abortion, or for any indecent or immoral purpose.
- Whoever knowingly uses the mails for the mailing or delivery of anything declared in this section, or knowingly takes any such thing from the mails for the purpose of circulating or disposing, shall be fined under this title or imprisoned not more than five years, or both, for the first such offense, and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.
- The term "indecent," as used in this section includes matter of a character tending to incite arson, murder, or assassination.
Section 1462. Importation or Transportation of Obscene Matter
Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service for carriage in interstate or foreign commerce:
- any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, of matter or indecent character, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or
- any drug, medicine, article, or thing designed or intended for abortion, or any indecent or immoral use.
Section 1463. Mailing Indecent Matter on Wrappers or Envelopes
All matters otherwise mailable by law and all postal cards upon which, any delineations, epithets, terms or language of an indecent, lewd, lascivious, or obscene character are written or printed, are non-mailable matter and shall not be conveyed in the mails nor delivered from any post office.
Section 1464. Broadcasting Obscene Language
Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.
Section 1465. Transportation of Obscene Matters for Sale or Distribution
Whoever knowingly transports or uses a facility or means of interstate or foreign commerce or an interactive computer service for the purpose of sale or distribution of any obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, paper, letter, writing, print silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription or other article capable of producing sound or any other matter of indecent or immoral character, shall be fined under this title or imprisoned not more than five years, or both.
Section 1466. Engaging in the Business of Selling or Transferring Obscene Matter
- Whoever is engaged in the business of selling or transferring obscene matter, who knowingly receives or possesses with intent to distribute any obscene book, magazine, picture, paper, film videotape, or phonograph or other audio recording, which has been shipped or transported in interstate or foreign commerce, shall be punished by imprisonment for not more than 5 years or by a fine under this title, or both.
- The term "engaged in the business" means a person who sells or transfers or offers to sell or transfer obscene matter, devotes time, attention, or labor to such activities.
Section 1467. Criminal Forfeiture
- Property subject to criminal forfeiture include:
- any obscene material produced, transported, mailed, shipped, or received in violation of this chapter;
- any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and
- any property, real or personal, used or intended to be used to commit or to promote the commission of such offense.
- Third party transfers - any such property shall be ordered forfeited to the United States.
- Protective orders - the court may enter a restraining order or injunction for forfeiture under this section.
- Warrant of seizure - the government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section.
- Order of forfeiture - the court shall order forfeiture of property referred to in subsection "Property Subject to Criminal Forfeiture."
- Execution - the court may require the execution of satisfactory performance bonds or take any action to protect the interest of the United States in the property ordered forfeited.
- Disposition of property - the Attorney General shall destroy or retain for official use any property described.
- Authority of Attorney General - the Attorney General is authorized to grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice.
- Bar on intervention - no party claiming an interest in property subject to forfeiture under this section may intervene in a trial involving the property forfeited or commence an action at law or equity against the United States concerning the validity of his alleged interest in the property.
Section 1468. Distributing Obscene Material by Cable or Subscription Television
- Whoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.
- Nothing in this chapter, or the Cable Communications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States.
Section 1469. Presumptions
The matter in question under this chapter was transported, shipped, or carried in interstate or foreign commerce, that such matter was produced or manufactured in one State or outside the United States and is subsequently located in another State or in the United States shall raise a rebuttable presumption that such matter was transported, shipped, or carried in interstate or foreign commerce.
Section 1470. Transfer of Obscene Material to Minors
Whoever, using the mail or any facility or means of interstate or foreign commerce, knowingly transfers obscene matter to another individual who has not attained the age of 16 years, knowing that such other individual has not attained the age of 16 years, or attempts to do so, shall be fined under this title.