18-U.S.C.-1465
§1465 – Production and Transportation of Obscene Matters For Sale Or Distribution
Pathway
Title 18 > Part I > Chapter 71 > Section 1465
Details
- Reference: Section 1465
- Legend: §1465 – Production and Transportation of Obscene Matters For Sale Or Distribution
- USCode Year: 2013
Provision Content
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) 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.
(Added June 28, 1955, ch. 190, §3, 69 Stat. 183; amended Pub. L. 100–690, title VII, §§7521(c), 7522(b), Nov. 18, 1988, 102 Stat. 4489, 4494; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–104, title V, §507(b), Feb. 8, 1996, 110 Stat. 137; Pub. L. 109–248, title V, §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, §1404(a)(2), Oct. 21, 1998, 112 Stat. 2681–739, and is classified to section 230(f)(2) of Title 47, Telecommunications.
Amendments
2006—Pub. L. 109–248, §506(a)(3), inserted comma after in or affecting such commerce in first par.
Pub. L. 109–248, §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, §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, §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, §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.
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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