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Citizen's Guide to United States
Federal Exploitation Laws
Obscenity
Federal law prohibits the distribution of obscenity. More specifically, it
is a crime to mail or receive obscene materials, or to import or transport
obscene materials across state lines, including by computer. See
18 U.S.C. §§ 1461, 1462, 1463. It is also illegal to
transport obscene materials for sale or distribution, or to engage in the
business of selling obscene materials. See 18 U.S.C. §§ 1465, 1466.
If on federal property, it is a crime to possess obscenity with the intent
to sell it. See 18 U.S.C. § 1460. With that exception, it
is generally not a crime to possess obscenity for private use. Thus, while
possession of child pornography is a crime, possession of obscenity is not.
There are also federal laws that specifically criminalize directing
obscenity toward minors. Federal law prohibits a person from using the mail
or any other means of interstate commerce, including a computer, to knowingly
transfer obscene materials to someone the person knows is under 16 years of
age. See 18 U.S.C. § 1470. For example, it would
be a crime to send through email an obscene picture to a 15-year-old. A new
law also prohibits the use of Internet domain names with the intent to
mislead a minor into viewing harmful material or mislead a person into
viewing obscenity. See 18 U.S.C. § 2252B.
For example, a pornographic web site cannot use a domain name suggestive of
a cartoon character or children's television show, as this would likely
mislead a minor into viewing harmful material.
The
United States Supreme Court established a test that juries use to determine
whether material is obscene. Under this test, something is obscene if the
average person would find that the work, taken as a whole, appeals to the
prurient interest, is patently offensive in light of contemporary community
standards, and lacks serious literary, artistic, political or scientific
value. Because the test for obscenity incorporates the views of the
community evaluating the material, something may be considered obscene in
one jurisdiction that may not be considered obscene in another jurisdiction.
U.S. Department of Justice,
Criminal Division ° Child Exploitation and Obscenity Section (CEOS)
1400 New York Avenue,
6th Floor ° Washington,
D.C. 20530
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Policy | Criminal Division Home Page | DOJ Home Page
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