18 U.S.C. § 1461 — Mailing obscene or crime-inciting matter
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 382 words · no verdicts yet
The listed obscene, abortion-related, and crime-inciting materials are nonmailable. Knowingly mailing, receiving, or taking such material for circulation is punishable by escalating fines or imprisonment.
The following are nonmailable and may not be carried in the mails or delivered by a post office or letter carrier: every obscene, lewd, lascivious, indecent, filthy, or vile article or substance; abortion-producing articles or articles intended for indecent or immoral use; material describing such articles in a way meant to lead someone to use them for those purposes; written or printed material giving direct or indirect information about obtaining or making those things or procuring or producing an abortion; papers claiming such things can be used for those purposes; and descriptions meant to induce or incite such use. This applies whether sealed or unsealed. Anyone who knowingly uses the mails for, causes delivery of, or takes such material from the mails to circulate or dispose of it may be fined or imprisoned up to 5 years, or both, for a first offense, and up to 10 years, or both, for later offenses. “Indecent” includes material tending to incite arson, murder, or assassination.
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 credit: (June 25, 1948, ch. 645, 62 Stat. 768; June 28, 1955, ch. 190, §§ 1, 2, 69 Stat. 183; Pub. L. 85–796, § 1, Aug. 28, 1958, 72 Stat. 962; Pub. L. 91–662, §§ 3, 5(b), 6(3), Jan. 8, 1971, 84 Stat. 1973, 1974; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 768
- 1955Amended · Act of June 28, 1955, ch. 190 · 69 Stat. 183
- 1958Amended · Pub. L. 85-796 · 72 Stat. 962
- 1971Amended · Pub. L. 91-662 · 84 Stat. 1973, 1974
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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