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Review of Child Pornography and Obscenity Crimes
Report Number I-2001-07
July 19, 2001


APPENDIX II

Obscenity Statutes

Title 18 United States Code, Chapter 71 - Obscenity

Section 1460. Possession with Intent to Sell, and Sale, of Obscene Matter on Federal Property

Section 1461. Mailing Obscene or Crime-Inciting Matter

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:

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

Section 1467. Criminal Forfeiture

Section 1468. Distributing Obscene Material by Cable or Subscription Television

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.