Distribution of Obscene MatterStatutes
Section 1461 of Title 18 declares every obscene article to be
matter, and imposes upon anyone who knowingly uses the mails to advertise,
notice of, carry or deliver such material or knowingly takes such material
the mails for the purpose of circulating it, a maximum five years'
and a fine for the first offense and a maximum 10 years' imprisonment and a
for each offense thereafter.|
Section 1462 of Title 18 prohibits anyone from: importing obscene
using an express company or other common carrier or interactive computer
carrying obscene material in interstate or foreign commerce; and taking
material from an express company or common carrier or interactive computer
service. It imposes a maximum five years' imprisonment and a fine for the
offense and a maximum 10 years' imprisonment and a fine for each offense
Section 1463 of Title 18 imposes a maximum five years' imprisonment and
fine upon anyone who deposits for mailing or takes from the mails for the
of circulating, any material that carries obscene or indecent language or
delineations upon the envelope or outside cover and upon all post cards.
Section 1464 of Title 18 imposes a fine or a maximum two year sentence
anyone who utters any obscene language by means of radio communication.
Section 1465 of Title 18 prohibits anyone from knowingly transporting
interstate or foreign commerce or interactive computer service any obscene
pamphlet, picture, film, or phonograph recording, for the purpose of sale or
distribution. It also includes the rebuttable presumption that such
and articles are intended for sale or distribution if the transportation
two or more copies of an obscene publication or article described above or a
combined total of five such publications and articles. It imposes a maximum
years' imprisonment and/or a fine.
Section 1466 of Title 18 imposes a maximum sentence of five years
a fine on anyone who engages in the business of selling or transferring
matter. As used, the term "engaged in the business" means that the person
sells or transfers or offers to sell or transfer obscene matter devotes
attention, or labor to such activities, as a regular course of business,
objective of earning a profit. A rebuttable presumption is created that the
offering for sale or transfer at one time includes two or more of any
article, or a combined total of five or more such publications and articles.
Section 1467 of Title 18 provides for criminal forfeiture of property
a person convicted of an offense involving obscene material, including the
obscene matter, property traceable to gross profits or other proceeds
from such offense, and any property used or intended to be used to commit or
promote the commission of such offense.
Section 1468 of Title 18 provides for a maximum two year sentence
fine for whoever knowingly utters any obscene language or distributes
matter by means of cable television or subscription services on television.
Section 1469 of Title 18 describes rebuttable presumptions that the
in question was transported, shipped, or carried in interstate or foreign
Section 1470 prohibits the use of the mails, or facility of interstate
foreign commerce to knowingly transmit, or attempt to transmit, obscene
materials to minors under the age of 16. The individual transmitting
materials may be fined, imprisoned for 10 years, or both.
[updated April 2000] [cited in USAM 9-75.001]