US (United States) Code. Title 18. Chapter 71: Obscenity

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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publicidad

-CITE-

18 USC CHAPTER 71 - OBSCENITY 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

.

-HEAD-

CHAPTER 71 - OBSCENITY

-MISC1-

Sec.

1460. Possession with intent to sell, and sale, of obscene matter

on Federal property.

1461. Mailing obscene or crime-inciting matter.

1462. Importation or transportation of obscene matters.

1463. Mailing indecent matter on wrappers or envelopes.

1464. Broadcasting obscene language.

1465. Transportation of obscene matters for sale or distribution.

1466. Engaging in the business of selling or transferring obscene

matter.

1467. Criminal forfeiture.

1468. Distributing obscene material by cable or subscription

television.

1469. Presumptions.

1470. Transfer of obscene material to minors.

AMENDMENTS

1998 - Pub. L. 105-314, title IV, Sec. 401(b), Oct. 30, 1998, 112

Stat. 2979, added item 1470.

1988 - Pub. L. 100-690, title VII, Sec. 7521(b), (f)((e)),

7523(b), 7526(b), Nov. 18, 1988, 102 Stat. 4489, 4490, 4502, 4503,

added items 1460 and 1466 to 1469.

1955 - Act June 28, 1955, ch. 190, Sec. 4, 69 Stat. 184, added

item 1465.

1950 - Act May 27, 1950, ch. 214, Sec. 2, 64 Stat. 194,

substituted ''matters'' for ''literature'' in item 1462.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2516 of this title; title

19 section 1583; title 39 section 3001; title 47 section 230.

-CITE-

18 USC Sec. 1460 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1460. Possession with intent to sell, and sale, of obscene

matter on Federal property

-STATUTE-

(a) Whoever, either -

(1) in the special maritime and territorial jurisdiction of the

United States, or on any land or building owned by, leased to, or

otherwise used by or under the control of the Government of the

United States; or

(2) in the Indian country as defined in section 1151 of this

title,

knowingly sells or possesses with intent to sell an obscene visual

depiction shall be punished by a fine in accordance with the

provisions of this title or imprisoned for not more than 2 years,

or both.

(b) For the purposes of this section, the term ''visual

depiction'' includes undeveloped film and videotape but does not

include mere words.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7526(a), Nov. 18, 1988, 102

Stat. 4503; amended Pub. L. 101-647, title III, Sec. 323(c), Nov.

29, 1990, 104 Stat. 4819.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-647, Sec. 323(c)(1), struck out

''or a visual depiction of a minor engaging in or assisting another

person to engage in sexually explicit conduct,'' after ''visual

depiction'' in concluding provisions.

Subsec. (b). Pub. L. 101-647, Sec. 323(c)(2), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''For

the purposes of this section -

''(1) the term 'visual depiction' includes undeveloped film and

videotape but does not include mere words; and

''(2) the terms 'minor' and 'sexually explicit conduct' have

the meaning given those terms in chapter 110 of this title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 sections 6777, 9134;

title 47 section 254.

-CITE-

18 USC Sec. 1461 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1461. Mailing obscene or crime-inciting matter

-STATUTE-

Every obscene, lewd, lascivious, indecent, filthy or vile

article, matter, thing, device, or substance; and -

Every article or thing designed, adapted, or intended for

producing abortion, or for any indecent or immoral use; and

Every article, instrument, substance, drug, medicine, or thing

which is advertised or described in a manner calculated to lead

another to use or apply it for producing abortion, or for any

indecent or immoral purpose; and

Every written or printed card, letter, circular, book, pamphlet,

advertisement, or notice of any kind giving information, directly

or indirectly, where, or how, or from whom, or by what means any of

such mentioned matters, articles, or things may be obtained or

made, or where or by whom any act or operation of any kind for the

procuring or producing of abortion will be done or performed, or

how or by what means abortion may be produced, whether sealed or

unsealed; and

Every paper, writing, advertisement, or representation that any

article, instrument, substance, drug, medicine, or thing may, or

can, be used or applied for producing abortion, or for any indecent

or immoral purpose; and

Every description calculated to induce or incite a person to so

use or apply any such article, instrument, substance, drug,

medicine, or thing -

Is declared to be nonmailable matter and shall not be conveyed in

the mails or delivered from any post office or by any letter

carrier.

Whoever knowingly uses the mails for the mailing, carriage in the

mails, or delivery of anything declared by this section or section

3001(e) of title 39 to be nonmailable, or knowingly causes to be

delivered by mail according to the direction thereon, or at the

place at which it is directed to be delivered by the person to whom

it is addressed, or knowingly takes any such thing from the mails

for the purpose of circulating or disposing thereof, or of aiding

in the circulation or disposition thereof, shall be fined under

this title or imprisoned not more than five years, or both, for the

first such offense, and shall be fined under this title or

imprisoned not more than ten years, or both, for each such offense

thereafter.

The term ''indecent'', as used in this section includes matter of

a character tending to incite arson, murder, or assassination.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 768; June 28, 1955, ch. 190, Sec.

1, 2, 69 Stat. 183; Pub. L. 85-796, Sec. 1, Aug. 28, 1958, 72 Stat.

962; Pub. L. 91-662, Sec. 3, 5(b), 6(3), Jan. 8, 1971, 84 Stat.

1973, 1974; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (L),

Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 334 (Mar. 4, 1909, ch.

321, Sec. 211, 35 Stat. 1429 (1129); Mar. 4, 1911, ch. 241, Sec. 2,

36 Stat. 1339).

The attention of Congress is invited to the following decisions

of the Federal courts construing this section and section 1462 of

this title.

In Youngs Rubber Corporation, Inc. v. C. I. Lee & Co., Inc.,

C.C.A. 1930, 45 F. 2d 103, it was said that the word ''adapted'' as

used in this section and in section 1462 of this title, the latter

relating to importation and transportation of obscene matter, is

not to be construed literally, the more reasonable interpretation

being to construe the whole phrase ''designed, adapted or

intended'' as requiring ''an intent on the part of the sender that

the article mailed or shipped by common carrier be used for illegal

contraception or abortion or for indecent or immoral purposes.''

The court pointed out that, taken literally, the language of these

sections would seem to forbid the transportation by mail or common

carrier of anything ''adapted,'' in the sense of being suitable or

fitted, for preventing conception or for any indecent or immoral

purpose, ''even though the article might also be capable of

legitimate uses and the sender in good faith supposed that it would

be used only legitimately. Such a construction would prevent

mailing to or by a physician of any drug or mechanical device

'adapted' for contraceptive or abortifacient uses, although the

physician desired to use or to prescribe it for proper medical

purposes. The intention to prevent a proper medical use of drugs

or other articles merely because they are capable of illegal uses

is not lightly to be ascribed to Congress. Section 334 (this

section) forbids also the mailing of obscene books and writings;

yet it has never been thought to bar from the mails medical

writings sent to or by physicians for proper purposes, though of a

character which would render them highly indecent if sent broadcast

to all classes of persons.'' In United States v. Nicholas, C.C.A.

1938, 97 F. 2d 510, ruling directly on this point, it was held that

the importation or sending through the mails of contraceptive

articles or publications is not forbidden absolutely, but only when

such articles or publications are unlawfully employed. The same

rule was followed in Davis v. United States, C.C.A. 1933, 62 F. 2d

473, quoting the obiter opinion from Youngs Rubber Corporation v.

C. I. Lee & Co., supra, and holding that the intent of the person

mailing a circular conveying information for preventing conception

that the article described therein should be used for condemned

purposes was necessary for a conviction; also that this section

must be given a reasonable construction. (See also United States

v. One Package, C.C.A. 1936, 86 F. 2d 737.)

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor changes in phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322, in eighth par., substituted ''fined under

this title'' for ''fined not more than $5,000'' after ''thereof,

shall be'' and for ''fined not more than $10,000'' after ''offense,

and shall be''.

1971 - Pub. L. 91-662, Sec. 3(1), in second par., struck out

''preventing conception or'' before ''producing abortion''.

Pub. L. 91-662, Sec. 3(1), in third par., struck out ''preventing

conception or'' after ''apply it for''.

Pub. L. 91-662, Sec. 3(2), (3), in fourth par., substituted

''means abortion may be produced'' for ''means conception may be

prevented or abortion produced''.

Pub. L. 91-662, Sec. 3(1), in fifth par., struck out ''preventing

conception or'' after ''applied for''.

Pub. L. 91-662, Sec. 6(3), in eighth par., inserted ''or section

3001(e) of title 39'' after ''this section''. Section 5(b) of Pub.

L. 91-662 inserted reference to section 4001(d) of Title 39, The

Postal Service, which reflected provisions of Title 39 prior to the

effective date of Title 39, Postal Service, as enacted by the

Postal Reorganization Act. Said section 4001(d) was repealed by

section 6(2) of Pub. L. 91-662, effective on the date that the

Board of Governors of the Postal Service establish as the effective

date for section 3001 of Title 39, Postal Service.

1958 - Pub. L. 85-796 provided in eighth par. for continuing

offenses by use of the mails instead of by deposits for mailing and

for punishment for subsequent offenses.

1955 - Act June 28, 1955, Sec. 1, in first par., substituted

''indecent, filthy or vile article, matter, thing, device or

substance'' for ''or filthy book, pamphlet, picture paper, letter,

writing, print, or other publication of an indecent character''.

Act June 28, 1955, Sec. 2, struck out fifth par., which read as

follows: ''Every letter, packet, or package, or other mail matter

containing any filthy, vile, or indecent thing, device or

substance; and''.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by sections 3 and 5(b) of Pub. L. 91-662 effective Jan.

9, 1971, see section 7 of Pub. L. 91-662, set out as a note under

section 552 of this title.

Section 6 of Pub. L. 91-662 provided that the amendment made by

that section is effective on date that Board of Governors of United

States Postal Service establishes as the effective date for section

3001 of title 39 of the United States Code, as enacted by the

Postal Reorganization Act.

COMMISSION ON OBSCENITY AND PORNOGRAPHY

Pub. L. 90-100, Oct. 3, 1967, 81 Stat. 253, as amended by Pub. L.

90-350, title V, Sec. 502, June 19, 1968, 82 Stat. 197; Pub. L.

91-74, title V, Sec. 503, Sept. 29, 1969, 83 Stat. 123, provided

for establishment of Commission on Obscenity and Pornography, its

membership, compensation of members, powers, functions, and duties

of Commission, required Commission to report to President and to

Congress its findings and recommendations no later than Sept. 30,

1970, and provided for its termination ten days following

submission of report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title; title

19 section 1583; title 39 sections 3001, 3011.

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18 USC Sec. 1462 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1462. Importation or transportation of obscene matters

-STATUTE-

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 (as defined in

section 230(e)(2) (FOOTNOTE 1) of the Communications Act of 1934),

for carriage in interstate or foreign commerce -

(FOOTNOTE 1) See References in Text note below.

(a) any obscene, lewd, lascivious, or filthy book, pamphlet,

picture, motion-picture film, paper, letter, writing, print, or

other matter of indecent character; or

(b) any obscene, lewd, lascivious, or filthy phonograph

recording, electrical transcription, or other article or thing

capable of producing sound; or

(c) any drug, medicine, article, or thing designed, adapted, or

intended for producing abortion, or for any indecent or immoral

use; or any written or printed card, letter, circular, book,

pamphlet, advertisement, or notice of any kind giving

information, directly or indirectly, where, how, or of whom, or

by what means any of such mentioned articles, matters, or things

may be obtained or made; or

Whoever knowingly takes or receives, from such express company or

other common carrier or interactive computer service (as defined in

section 230(e)(2) (FOOTNOTE 1) of the Communications Act of 1934)

any matter or thing the carriage or importation of which is herein

made unlawful -

Shall be fined under this title or imprisoned not more than five

years, or both, for the first such offense and shall be fined under

this title or imprisoned not more than ten years, or both, for each

such offense thereafter.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 768; May 27, 1950, ch. 214, Sec.

1, 64 Stat. 194; Pub. L. 85-796, Sec. 2, Aug. 28, 1958, 72 Stat.

962; Pub. L. 91-662, Sec. 4, Jan. 8, 1971, 84 Stat. 1973; Pub. L.

103-322, title XXXIII, Sec. 330016(1)(K), (L), Sept. 13, 1994, 108

Stat. 2147; Pub. L. 104-104, title V, Sec. 507(a), Feb. 8, 1996,

110 Stat. 137.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 396 (Mar. 4, 1909, ch.

321, Sec. 245, 35 Stat. 1138; June 5, 1920, ch. 268, 41 Stat.

1060).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Words ''in interstate or foreign commerce'' were substituted for

ten lines of text without loss of meaning. (See definitive section

10 of this title.)

(See reviser's note under section 1461 of this title.)

Minor changes in phraseology were made.

-REFTEXT-

REFERENCES IN TEXT

Section 230(e)(2) of the Communications Act of 1934, referred to

in text, was redesignated section 230(f)(2) of the Communications

Act of 1934 by Pub. L. 105-277, div. C, title XIV, Sec.

1404(a)(2), Oct. 21, 1998, 112 Stat. 2681-739, and is classified to

section 230(f)(2) of Title 47, Telegraphs, Telephones, and

Radiotelegraphs.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-104, Sec. 507(a)(1), inserted ''or interactive

computer service (as defined in section 230(e)(2) of the

Communications Act of 1934)'' after ''carrier'' in first par.

Pub. L. 104-104, Sec. 507(a)(2), in second par., inserted ''or

receives,'' after ''takes'', ''or interactive computer service (as

defined in section 230(e)(2) of the Communications Act of 1934)''

after ''common carrier'', and ''or importation'' after

''carriage''.

1994 - Pub. L. 103-322, in last par., substituted ''fined under

this title'' for ''fined not more than $5,000'' after ''Shall be''

and for ''fined not more than $10,000'' after ''and shall be''.

1971 - Pub. L. 91-662 struck out ''preventing conception, or''

before ''producing abortion''.

1958 - Pub. L. 85-796 substituted ''uses'' for ''deposits with''

in opening par., ''carriage of which'' for ''depositing of which

for carriage'' in penultimate par., and inserted penalty provisions

for subsequent offenses in last par.

1950 - Act May 27, 1950, brought within scope of section the

importation or transportation of any obscene, lewd, lascivious, or

filthy phonograph recording, electrical transcription, or other

article or think capable of producing sound.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 91-662 effective Jan. 9, 1971, see section 7

of Pub. L. 91-662, set out as a note under section 552 of this

title.

CONSTRUCTION OF 1996 AMENDMENT

Section 507(c) of Pub. L. 104-104 provided that: ''The amendments

made by this section (amending this section and section 1465 of

this title) are clarifying and shall not be interpreted to limit or

repeal any prohibition contained in sections 1462 and 1465 of title

18, United States Code, before such amendment, under the rule

established in United States v. Alpers, 338 U.S. 680 (1950).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

-CITE-

18 USC Sec. 1463 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1463. Mailing indecent matter on wrappers or envelopes

-STATUTE-

All matter otherwise mailable by law, upon the envelope or

outside cover or wrapper of which, and all postal cards upon which,

any delineations, epithets, terms, or language of an indecent,

lewd, lascivious, or obscene character are written or printed or

otherwise impressed or apparent, are nonmailable matter, and shall

not be conveyed in the mails nor delivered from any post office nor

by any letter carrier, and shall be withdrawn from the mails under

such regulations as the Postal Service shall prescribe.

Whoever knowingly deposits for mailing or delivery, anything

declared by this section to be nonmailable matter, or knowingly

takes the same from the mails for the purpose of circulating or

disposing of or aiding in the circulation or disposition of the

same, shall be fined under this title or imprisoned not more than

five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 91-375, Sec.

6(j)(13), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed. Sec. 335 (Mar. 4, 1909, ch.

321, Sec. 212, 35 Stat. 1129).

Said section 335 of title 18, U.S.C., 1940 ed., was incorporated

in this section and section 1718 of this title.

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

1970 - Pub. L. 91-375 substituted ''Postal Service'' for

''Postmaster General''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title; title

19 section 1583; title 39 sections 3001, 3011.

-CITE-

18 USC Sec. 1464 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1464. Broadcasting obscene language

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 326 and 501 of title 47, U.S.C., 1940 ed.,

Telegraphs, Telephones, and Radio-telegraphs (June 19, 1934, ch.

652, Sec. 326, 501, 48 Stat. 1091, 1100).

Section consolidates last sentence of section 326 with penalty

provision of section 501 both of title 47, U.S.C., 1940 ed., with

changes in phraseology necessary to effect the consolidation.

Section 501 of title 47, U.S.C., 1940 ed., is to remain, also, in

said title 47, as it relates to other sections therein.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

OBSCENE LANGUAGE; PROMULGATION OF REGULATIONS

Federal Communications Commission to promulgate regulations by

Jan. 31, 1989, in accordance with this section to enforce this

section on a 24 hour per day basis, see section 608 of Pub. L.

100-459, set out as a note under section 303 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title; title

47 sections 312, 503.

-CITE-

18 USC Sec. 1465 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1465. Transportation of obscene matters for sale or

distribution

-STATUTE-

Whoever knowingly transports or travels in, or uses a facility or

means of, interstate or foreign commerce or an interactive computer

service (as defined in section 230(e)(2) (FOOTNOTE 1) of the

Communications Act of 1934) in or affecting such commerce 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.

(FOOTNOTE 1) See References in Text note below.

The transportation as aforesaid of two or more copies of any

publication or two or more of any article of the character

described above, or a combined total of five such publications and

articles, shall create a presumption that such publications or

articles are intended for sale or distribution, but such

presumption shall be rebuttable.

-SOURCE-

(Added June 28, 1955, ch. 190, Sec. 3, 69 Stat. 183; amended Pub.

L. 100-690, title VII, Sec. 7521(c), 7522(b), Nov. 18, 1988, 102

Stat. 4489, 4494; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K),

Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-104, title V, Sec.

507(b), Feb. 8, 1996, 110 Stat. 137.)

-REFTEXT-

REFERENCES IN TEXT

Section 230(e)(2) of the Communications Act of 1934, referred to

in text, was redesignated section 230(f)(2) of the Communications

Act of 1934 by Pub. L. 105-277, div. C, title XIV, Sec.

1404(a)(2), Oct. 21, 1998, 112 Stat. 2681-739, and is classified to

section 230(f)(2) of Title 47, Telegraphs, Telephones, and

Radiotelegraphs.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-104, in first par., substituted ''transports

or travels in, or uses a facility or means of,'' for ''transports

in'', inserted ''or an interactive computer service (as defined in

section 230(e)(2) of the Communications Act of 1934) in or

affecting such commerce'' before ''for the purpose of sale'', and

substituted ''of'' for '', or knowingly travels in interstate

commerce, or uses a facility or means of interstate commerce for

the purpose of transporting obscene material in interstate or

foreign commerce,'' before ''any obscene, lewd, lascivious, or

filthy book''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in first par.

1988 - Pub. L. 100-690, Sec. 7521(c), inserted '', or knowingly

travels in interstate commerce, or uses a facility or means of

interstate commerce for the purpose of transporting obscene

material in interstate or foreign commerce,'' after

''distribution'' in first par.

Pub. L. 100-690, Sec. 7522(b), struck out last par. which read as

follows: ''When any person is convicted of a violation of this Act,

the court in its judgment of conviction may, in addition to the

penalty prescribed, order the confiscation and disposal of such

items described herein which were found in the possession or under

the immediate control of such person at the time of his arrest.''

CONSTRUCTION OF 1996 AMENDMENT

Amendment by Pub. L. 104-104 not to be interpreted as limiting or

repealing any prohibition contained in sections 1462 and 1465 of

this title, before such amendment, see section 507(c) of Pub. L.

104-104, set out as a note under section 1462 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title; title

19 section 1583.

-CITE-

18 USC Sec. 1466 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1466. Engaging in the business of selling or transferring

obscene matter

-STATUTE-

(a) Whoever is engaged in the business of selling or transferring

obscene matter, who knowingly receives or possesses with intent to

distribute any obscene book, magazine, picture, paper, film,

videotape, or phonograph or other audio recording, which has been

shipped or transported in interstate or foreign commerce, shall be

punished by imprisonment for not more than 5 years or by a fine

under this title, or both.

(b) As used in this section, the term ''engaged in the business''

means that the person who sells or transfers or offers to sell or

transfer obscene matter devotes time, attention, or labor to such

activities, as a regular course of trade or business, with the

objective of earning a profit, although it is not necessary that

the person make a profit or that the selling or transferring or

offering to sell or transfer such material be the person's sole or

principal business or source of income. The offering for sale of

or to transfer, at one time, two or more copies of any obscene

publication, or two or more of any obscene article, or a combined

total of five or more such publications and articles, shall create

a rebuttable presumption that the person so offering them is

''engaged in the business'' as defined in this subsection.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7521(a), Nov. 18, 1988, 102

Stat. 4489; amended Pub. L. 101-647, title XXXV, Sec. 3548, Nov.

29, 1990, 104 Stat. 4926.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-647 substituted ''this section''

for ''this subsection'' and ''this subsection'' for ''subsection

(b)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 1583.

-CITE-

18 USC Sec. 1467 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1467. Criminal forfeiture

-STATUTE-

(a) Property Subject to Criminal Forfeiture. - A person who is

convicted of an offense involving obscene material under this

chapter shall forfeit to the United States such person's interest

in -

(1) any obscene material produced, transported, mailed,

shipped, or received in violation of this chapter;

(2) any property, real or personal, constituting or traceable

to gross profits or other proceeds obtained from such offense;

and

(3) any property, real or personal, used or intended to be used

to commit or to promote the commission of such offense, if the

court in its discretion so determines, taking into consideration

the nature, scope, and proportionality of the use of the property

in the offense.

(b) Third Party Transfers. - All right, title, and interest in

property described in subsection (a) of this section vests in the

United States upon the commission of the act giving rise to

forfeiture under this section. Any such property that is

subsequently transferred to a person other than the defendant may

be the subject of a special verdict of forfeiture and thereafter

shall be ordered forfeited to the United States, unless the

transferee establishes in a hearing pursuant to subsection (m) of

this section that he is a bona fide purchaser for value of such

property who at the time of purchase was reasonably without cause

to believe that the property was subject to forfeiture under this

section.

(c) Protective Orders. - (1) Upon application of the United

States, the court may enter a restraining order or injunction,

require the execution of a satisfactory performance bond, or take

any other action to preserve the availability of property described

in subsection (a) of this section for forfeiture under this section

-

(A) upon the filing of an indictment or information charging a

violation of this chapter for which criminal forfeiture may be

ordered under this section and alleging that the property with

respect to which the order is sought would, in the event of

conviction, be subject to forfeiture under this section; or

(B) prior to the filing of such an indictment or information,

if, after notice to persons appearing to have an interest in the

property and opportunity for a hearing, the court determines that

-

(i) there is a substantial probability that the United States

will prevail on the issue of forfeiture and that failure to

enter the order will result in the property being destroyed,

removed from the jurisdiction of the court, or otherwise made

unavailable for forfeiture; and

(ii) the need to preserve the availability of the property

through the entry of the requested order outweighs the hardship

on any party against whom the order is to be entered;

except that an order entered under subparagraph (B) shall be

effective for not more than 90 days, unless extended by the court

for good cause shown or unless an indictment or information

described in subparagraph (A) has been filed.

(2) A temporary restraining order under this subsection may be

entered upon application of the United States without notice or

opportunity for a hearing when an information or indictment has not

yet been filed with respect to the property, if the United States

demonstrates that there is probable cause to believe that the

property with respect to which the order is sought would, in the

event of conviction, be subject to forfeiture under this section

and that provision of notice will jeopardize the availability of

the property for forfeiture. Such a temporary order shall expire

not more than 10 days after the date on which it is entered, unless

extended for good cause shown or unless the party against whom it

is entered consents to an extension for a longer period. A hearing

requested concerning an order entered under this paragraph shall be

held at the earliest possible time and prior to the expiration of

the temporary order.

(3) The court may receive and consider, at a hearing held

pursuant to this subsection, evidence and information that would be

inadmissible under the Federal Rules of Evidence.

(d) Warrant of Seizure. - The Government may request the issuance

of a warrant authorizing the seizure of property subject to

forfeiture under this section in the same manner as provided for a

search warrant. If the court determines that there is probable

cause to believe that the property to be seized would, in the event

of conviction, be subject to forfeiture and that an order under

subsection (c) of this section may not be sufficient to assure the

availability of the property for forfeiture, the court shall issue

a warrant authorizing the seizure of such property.

(e) Order of Forfeiture. - The court shall order forfeiture of

property referred to in subsection (a) if -

(1) the trier of fact determines, beyond a reasonable doubt,

that such property is subject to forfeiture; and

(2) with respect to property referred to in subsection (a)(3),

if the court exercises the court's discretion under that

subsection.

(f) Execution. - Upon entry of an order of forfeiture under this

section, the court shall authorize the Attorney General to seize

all property ordered forfeited upon such terms and conditions as

the court shall deem proper. Following entry of an order declaring

the property forfeited, the court may, upon application of the

United States, enter such appropriate restraining orders or

injunctions, require the execution of satisfactory performance

bonds, appoint receivers, conservators, appraisers, accountants, or

trustees, or take any other action to protect the interest of the

United States in the property ordered forfeited. Any income

accruing to or derived from property ordered forfeited under this

section may be used to offset ordinary and necessary expenses to

the property which are required by law, or which are necessary to

protect the interests of the United States or third parties.

(g) Disposition of Property. - Following the seizure of property

ordered forfeited under this section, the Attorney General shall

destroy or retain for official use any property described in

paragraph (1) of subsection (a) and shall direct the disposition of

any property described in paragraph (2) or (3) of subsection (a) by

sale or any other commercially feasible means, making due provision

for the rights of any innocent persons. Any property right or

interest not exercisable by, or transferable for value to, the

United States shall expire and shall not revert to the defendant,

nor shall the defendant or any person acting in concert with him or

on his behalf be eligible to purchase forfeited property at any

sale held by the United States. Upon application of a person, other

than the defendant or person acting in concert with him or on his

behalf, the court may restrain or stay the sale or disposition of

the property pending the conclusion of any appeal of the criminal

case giving rise to the forfeiture, if the applicant demonstrates

that proceeding with the sale or disposition of the property will

result in irreparable injury, harm, or loss to him.

(h) Authority of Attorney General. - With respect to property

ordered forfeited under this section, the Attorney General is

authorized to -

(1) grant petitions for mitigation or remission of forfeiture,

restore forfeited property to victims of a violation of this

chapter, or take any other action to protect the rights of

innocent persons which is in the interest of justice and which is

not inconsistent with the provisions of this section;

(2) comprise claims arising under this section;

(3) award compensation to persons providing information

resulting in a forfeiture under this section;

(4) direct the disposition by the United States, under section

616 of the Tariff Act of 1930, of all property ordered forfeited

under this section by public sale or any other commercially

feasible means, making due provision for the rights of innocent

persons; and

(5) take appropriate measures necessary to safeguard and

maintain property ordered forfeited under this section pending

its disposition.

(i) Bar on Intervention. - Except as provided in subsection (l)

of this section, no party claiming an interest in property subject

to forfeiture under this section may -

(1) intervene in a trial or appeal of a criminal case involving

the forfeiture of such property under this section; or

(2) commence an action at law or equity against the United

States concerning the validity of his alleged interest in the

property subsequent to the filing of an indictment or information

alleging that the property is subject to forfeiture under this

section.

(j) Jurisdiction To Enter Orders. - The district courts of the

United States shall have jurisdiction to enter orders as provided

in this section without regard to the location of any property

which may be subject to forfeiture under this section or which has

been ordered forfeited under this section.

(k) Depositions. - In order to facilitate the identification and

location of property declared forfeited and to facilitate the

disposition of petitions for remission or mitigation of forfeiture,

after the entry of an order declaring property forfeited to the

United States, the court may, upon application of the United

States, order that the testimony of any witness relating to the

property forfeited be taken by deposition and that any designated

book, paper, document, record, recording, or other material not

privileged be produced at the same time and place, in the same

manner as provided for the taking of depositions under Rule 15 of

the Federal Rules of Criminal Procedure.

(l) Third Party Interests. - (1) Following the entry of an order

of forfeiture under this section, the United States shall publish

notice of the order and of its intent to dispose of the property in

such manner as the Attorney General may direct. The Government may

also, to the extent practicable, provide direct written notice to

any person known to have alleged an interest in the property that

is the subject of the order of forfeiture as a substitute for

published notice as to those persons so notified.

(2) Any person, other than the defendant, asserting a legal

interest in property which has been ordered forfeited to the United

States pursuant to this section may, within 30 days of the final

publication of notice or his receipt of notice under paragraph (1),

whichever is earlier, petition the court for a hearing to

adjudicate the validity of his alleged interest in the property.

The hearing shall be held before the court alone, without a jury.

(3) The petition shall be signed by the petitioner under penalty

of perjury and shall set forth the nature and extent of the

petitioner's right, title, or interest in the property, the time

and circumstances of the petitioner's acquisition of the right,

title, or interest in the property, any additional facts supporting

the petitioner's claim, and the relief sought.

(4) The hearing on the petition shall, to the extent practicable

and consistent with the interests of justice, be held within 30

days of the filing of the petition. The court may consolidate the

hearing on the petition with a hearing on any other petition filed

by a person other than the defendant under this subsection.

(5) At the hearing, the petitioner may testify and present

evidence and witnesses on his own behalf, and cross-examine

witnesses who appear at the hearing. The United States may present

evidence and witnesses in rebuttal and in defense of its claim to

the property and cross-examine witnesses who appear at the

hearing. In addition to testimony and evidence presented at the

hearing, the court shall consider the relevant portions of the

record of the criminal case which resulted in the order of

forfeiture.

(6) If, after the hearing, the court determines that the

petitioner has established by a preponderance of the evidence that

-

(A) the petitioner has a legal right, title, or interest in the

property, and such right, title, or interest renders the order of

forfeiture invalid in whole or in part because the right, title,

or interest was vested in the petitioner rather than the

defendant or was superior to any right, title, or interest of the

defendant at the time of the commission of the acts which gave

rise to the forfeiture of the property under this section; or

(B) the petitioner is a bona fide purchaser for value of the

right, title, or interest in the property and was at the time of

purchase reasonably without cause to believe that the property

was subject to forfeiture under this section;

the court shall amend the order of forfeiture in accordance with

its determination.

(7) Following the court's disposition of all petitions filed

under this subsection, or if no such petitions are filed following

the expiration of the period provided in paragraph (2) for the

filing of such petitions, the United States shall have clear title

to property that is the subject of the order of forfeiture and may

warrant good title to any subsequent purchaser or transferee.

(m) Construction. - This section shall be liberally construed to

effectuate its remedial purposes.

(n) Substitute Assets. - If any of the property described in

subsection (a), as a result of any act or omission of the defendant

-

(1) cannot be located upon the exercise of due diligence;

(2) has been transferred or sold to, or deposited with, a third

party;

(3) has been placed beyond the jurisdiction of the court;

(4) has been substantially diminished in value; or

(5) has been commingled with other property which cannot be

divided without difficulty;

the court shall order the forfeiture of any other property of the

defendant up to the value of any property described in paragraphs

(1) through (5).

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7522(a), Nov. 18, 1988, 102

Stat. 4490; amended Pub. L. 101-647, title XXXV, Sec. 3549, Nov.

29, 1990, 104 Stat. 4926.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (c)(3), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

Section 616 of the Tariff Act of 1930, referred to in subsec.

(h)(4), is classified to section 1616a of Title 19, Customs Duties.

The Federal Rules of Criminal Procedure, referred to in subsec.

(k), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

1990 - Subsec. (h)(4). Pub. L. 101-647 substituted ''under

section 616 of the Tariff Act of 1930'' for ''in accordance with

the provisions of section 1616, title 19, United States Code''.

-CITE-

18 USC Sec. 1468 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1468. Distributing obscene material by cable or subscription

television

-STATUTE-

(a) Whoever knowingly utters any obscene language or distributes

any obscene matter by means of cable television or subscription

services on television, shall be punished by imprisonment for not

more than 2 years or by a fine in accordance with this title, or

both.

(b) As used in this section, the term ''distribute'' means to

send, transmit, retransmit, telecast, broadcast, or cablecast,

including by wire, microwave, or satellite, or to produce or

provide material for such distribution.

(c) Nothing in this chapter, or the Cable Communications Policy

Act of 1984, or any other provision of Federal law, is intended to

interfere with or preempt the power of the States, including

political subdivisions thereof, to regulate the uttering of

language that is obscene or otherwise unprotected by the

Constitution or the distribution of matter that is obscene or

otherwise unprotected by the Constitution, of any sort, by means of

cable television or subscription services on television.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7523(a), Nov. 18, 1988, 102

Stat. 4501.)

-REFTEXT-

REFERENCES IN TEXT

The Cable Communications Policy Act of 1984, referred to in

subsec. (c), is Pub. L. 98-549, Oct. 30, 1984, 98 Stat. 2779, which

is classified principally to subchapter V-A (Sec. 521 et seq.) of

chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.

For complete classification of this Act to the Code, see Short

Title of 1984 Amendment note set out under section 609 of Title 47

and Tables.

-CITE-

18 USC Sec. 1469 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1469. Presumptions

-STATUTE-

(a) In any prosecution under this chapter in which an element of

the offense is that the matter in question was transported,

shipped, or carried in interstate commerce, proof, by either

circumstantial or direct evidence, that such matter was produced or

manufactured in one State and is subsequently located in another

State shall raise a rebuttable presumption that such matter was

transported, shipped, or carried in interstate commerce.

(b) In any prosecution under this chapter in which an element of

the offense is that the matter in question was transported,

shipped, or carried in foreign commerce, proof, by either

circumstantial or direct evidence, that such matter was produced or

manufactured outside of the United States and is subsequently

located in the United States shall raise a rebuttable presumption

that such matter was transported, shipped, or carried in foreign

commerce.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7521(d), Nov. 18, 1988, 102

Stat. 4489.)

-CITE-

18 USC Sec. 1470 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 71 - OBSCENITY

-HEAD-

Sec. 1470. Transfer of obscene material to minors

-STATUTE-

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, imprisoned not

more than 10 years, or both.

-SOURCE-

(Added Pub. L. 105-314, title IV, Sec. 401(a), Oct. 30, 1998, 112

Stat. 2979.)

-MISC1-

STUDY ON LIMITING AVAILABILITY OF PORNOGRAPHY ON INTERNET

Pub. L. 105-314, title IX, Sec. 901, Oct. 30, 1998, 112 Stat.

2991, provided that:

''(a) In General. - Not later than 90 days after the date of

enactment of this Act (Oct. 30, 1998), the Attorney General shall

request that the National Academy of Sciences, acting through its

National Research Council, enter into a contract to conduct a study

of computer-based technologies and other approaches to the problem

of the availability of pornographic material to children on the

Internet, in order to develop possible amendments to Federal

criminal law and other law enforcement techniques to respond to the

problem.

''(b) Contents of Study. - The study under this section shall

address each of the following:

''(1) The capabilities of present-day computer-based control

technologies for controlling electronic transmission of

pornographic images.

''(2) Research needed to develop computer-based control

technologies to the point of practical utility for controlling

the electronic transmission of pornographic images.

''(3) Any inherent limitations of computer-based control

technologies for controlling electronic transmission of

pornographic images.

''(4) Operational policies or management techniques needed to

ensure the effectiveness of these control technologies for

controlling electronic transmission of pornographic images.

''(c) Final Report. - Not later than 2 years after the date of

enactment of this Act, the Attorney General shall submit to the

Committees on the Judiciary of the House of Representatives and the

Senate a final report of the study under this section, which report

shall -

''(1) set forth the findings, conclusions, and recommendations

of the Council; and

''(2) be submitted by the Committees on the Judiciary of the

House of Representatives and the Senate to relevant Government

agencies and committees of Congress.''

-CITE-