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1964. Immoral Articles; Prohibition Of Importation

Section 1305 of Title 19 prohibits, inter alia, the importation of any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, figure, or other article which is obscene. The entire contents of the package in which such articles are contained are subject to seizure and forfeiture. Upon the seizure of such book or matter, the Customs officer shall transmit information thereof to the United States Attorney of the district in which the seizure occurred, who shall institute proceedings in the District Court for the forfeiture, confiscation and destruction of the book or matter seized. Upon adjudication by the District Court that the seized matter is obscene, it shall be ordered destroyed. Any party in interest may have the facts at issue determined by a jury and may have an appeal.

[cited in JM 9-75.001]

Updated September 19, 2018