18-U.S.C.-1462
§1462 – Importation Or Transportation of Obscene Matters
Pathway
Title 18 > Part I > Chapter 71 > Section 1462
Details
- Reference: Section 1462
- Legend: §1462 – Importation Or Transportation of Obscene Matters
- USCode Year: 2013
Provision Content
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) 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) 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.
(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.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §396 (Mar. 4, 1909, ch. 321, §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 revisers 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, §1404(a)(2), Oct. 21, 1998, 112 Stat. 2681–739, and is classified to section 230(f)(2) of Title 47, Telecommunications.
Amendments
1996—Pub. L. 104–104, §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, §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
Pub. L. 104–104, title V, §507(c), Feb. 8, 1996, 110 Stat. 137, 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).
U.S. Encyclopedia of Law Coverage
18-U.S.C.-112 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-112, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
18-U.S.C.-1422 in the Legal Encyclopedia: Crimes
In this entry about 18-U.S.C.-1422, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.
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