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CITE

    18 USC Sec. 1462                                            01/05/2009

EXPCITE

    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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