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) (!1) of the Communications Act of 1934), for
carriage in interstate or foreign commerce -
(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) (!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.)
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.
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
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)."
FOOTNOTE
(!1) See References in Text note below.
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