Sexually Oriented Advertisements
Section 3008 of Title 39 allows an individual who has received a
oriented advertisement to request that the Postal Service issue an order
directing the sender to: refrain from further mailings to the named
delete the names of the designated addressees from all mailing lists
by the sender; and cease selling or renting the mailing lists bearing the
of the designated addressees. If the Postal Service believes that such an
has been violated, it shall serve a complaint on the sender and request a
response. After a hearing, if requested by the sender, the Postal Service
request the Attorney General to apply to a District Court for an order
compliance. Failure to comply with such an order may be punishable by the
as contempt. Such prohibitory orders, as described in 39 U.S.C.
the preferred method of obtaining compliance. The order can be enforced
by contempt or by prosecution under 18 U.S.C. § 1737. Knowledge is
easier to prove.|
Section 3010 of Title 39 requires a sender of sexually oriented
advertisements to place on the envelope his/her name, address and notice of
sexually explicit nature of its contents. Any person may file a form with
Postal Service stating a desire not to receive sexually oriented
The Postal Service shall maintain a list of the names and addresses of such
persons and shall make it available to any sender. No person shall mail a
sexually oriented advertisement to any person whose name has been on the
more than 30 days.
Section 1735 of Title 18 prohibits anyone from willfully mailing a
oriented advertisement in violation of 39 U.S.C. § 3010. It imposes
maximum five years' imprisonment and/or fine for the first offense and a
10 years and/or fine for any offense thereafter.
Section 1737 of Title 18 prohibits anyone from manufacturing any
related mail matter, intending or knowing that such matter will be deposited
mailing in violation of 39 U.S.C. § 3008 or § 3010. It
five years' imprisonment and/or a fine for the first offense and a maximum
years' imprisonment and/or a fine for any offense thereafter.
[cited in USAM 9-75.001]