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Federal Child Obscenity Statutes
Several federal criminal laws regulate obscenity:
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Possession with intent to sell, and sale of obscene matter on Federal property
Penalties: Imprisonment for up to 2 years, and a fine of up to $250,000.
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Mailing obscene or crime-inciting matter.
Penalties: Imprisonment for up to 5 years for a first offense (10 years for second and further offenses), and a fine of up to $250,000.
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Importation or transportation of obscene matter.
Penalties: Imprisonment for up to 5 years for a first offense (10 years for second and further offenses), and a fine of up to $250,000.
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Mailing indecent matter on wrappers or envelopes.
Penalties: Imprisonment for up to 5 years, and a fine of up to $250,000.
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Broadcasting obscene language.
Penalties: Imprisonment for up to 2 years, and a fine of up to $250,000.
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Transportation of obscene matters for sale or distribution.
Penalties: Imprisonment for up to 5 years, and a fine of up to $250,000.
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Engaging in the business of selling or transferring obscene matter.
Penalties: Imprisonment for up to 5 years, and a fine of up to $250,000.
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Obscene visual representations of the sexual abuse of children.
Penalties: For production, distribution, or receipt or possession with the intent to distribute: imprisonment for 5 to 20 years for a first offense, for between 15 and 40 years for persons with certain prior offenses, and a fine of up to $250,000; for possession: imprisonment for up to 10 years for a first offense, for between 10 and 20 years for persons with certain prior offenses, and a fine of up to $250,000. |
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Distributing obscene material by cable or subscription television.
Penalties: Imprisonment for up to 2 years, and a fine of up to $250,000.
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Transfer of Obscene Material to Minors
Penalties: Imprisonment for up to 10 years, and a fine of up to $250,000.
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Misleading domain names on the Internet
Penalties: For misleading a minor into viewing material harmful to minors-imprisonment for up to 4 years, and a fine of up to $250,000; for misleading a person into viewing obscene material-imprisonment for up to 2 years, and a fine of up to $250,000.
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In addition to prison terms and fines associated with these statutes, federal law also permits the Government to seek the criminal forfeiture of property used in the commission of an obscenity offense. See 18 U.S.C. § 1467.
CEOS is committed to enforcing these important criminal laws while respecting First Amendment rights.
U.S. Department of Justice, Criminal Division ° Child Exploitation and Obscenity Section (CEOS)
1400 New York Avenue, 6th Floor ° Washington, D.C. 20530
Legal Policies | Privacy Policy | Criminal Division Home Page | DOJ Home Page
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