18 U.S.C. § 1462 — Importation or transportation of obscene matters
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 240 words · no verdicts yet
The section prohibits bringing specified obscene, abortion-related, or information materials into the United States, transporting them through interstate or foreign commerce, or knowingly receiving them from a carrier or service. A violation can bring a fine or imprisonment, with higher maximums after a first offense.
A person who brings into the United States, or any place under United States jurisdiction, or knowingly uses an express company, other common carrier, or “interactive computer service” to carry in interstate or foreign commerce—this section refers to the definition of “interactive computer service” in section 230(e)(2) of the Communications Act of 1934: (a) Any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character. (b) Any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound. (c) Any drug, medicine, article, or thing designed, adapted, or intended to produce an abortion, or for any indecent or immoral use; or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind that gives information, directly or indirectly, about where, how, from whom, or by what means any of the articles, matters, or things mentioned in this subsection may be obtained or made. A person who knowingly takes or receives from such an express company, other common carrier, or “interactive computer service” any matter or thing whose carriage or importation this section makes unlawful is also covered. For a first such offense, the person may be fined under this title, imprisoned for not more than 5 years, or both. For each such offense afterward, the person may be fined under this title, imprisoned for not more than 10 years, or both.
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—
any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or
any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or
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 credit: (June 25, 1948, ch. 645, 62 Stat. 768; May 27, 1950, ch. 214, § 1, 64 Stat. 194; Pub. L. 85–796, § 2, Aug. 28, 1958, 72 Stat. 962; Pub. L. 91–662, § 4, Jan. 8, 1971, 84 Stat. 1973; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–104, title V, § 507(a), Feb. 8, 1996, 110 Stat. 137.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 768
- 1950Amended · Act of May 27, 1950, ch. 214 · 64 Stat. 194
- 1958Amended · Pub. L. 85-796 · 72 Stat. 962
- 1971Amended · Pub. L. 91-662 · 84 Stat. 1973
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
- 1996Amended · Pub. L. 104-104 · 110 Stat. 137
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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