CITE
18 USC Sec. 1465 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 71 - OBSCENITY
HEAD
Sec. 1465. Production and transportation of obscene matters for
sale or distribution
STATUTE
Whoever knowingly produces with the intent to transport,
distribute, or transmit in interstate or foreign commerce, or
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) (!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.
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, Secs. 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; Pub. L. 109-248, title V, Sec.
506(a), July 27, 2006, 120 Stat. 630.)
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.
AMENDMENTS
2006 - Pub. L. 109-248, Sec. 506(a)(3), inserted comma after "in
or affecting such commerce" in first par.
Pub. L. 109-248, Sec. 506(a)(2), which directed amendment of this
section by inserting "produces with the intent to transport,
distribute, or transmit in interstate or foreign commerce, or
whoever knowingly" after "whoever knowingly" and before "transports
or travels in", was executed by making the insertion after "Whoever
knowingly" and before "transports or travels in" in first par., to
reflect the probable intent of Congress.
Pub. L. 109-248, Sec. 506(a)(1), inserted "Production and" before
"transportation" in section catchline.
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.
FOOTNOTE
(!1) See References in Text note below.