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CITE

    18 USC Sec. 1465                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 71 - OBSCENITY

HEAD

    Sec. 1465. Production and transportation of obscene matters for
      sale or distribution

STATUTE

      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) (!1) 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.

SOURCE

    (Added June 28, 1955, ch. 190, Sec. 3, 69 Stat. 183; amended Pub.
    L. 100-690, title VII, Secs. 7521(c), 7522(b), Nov. 18, 1988, 102
    Stat. 4489, 4494; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K),
    Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-104, title V, Sec.
    507(b), Feb. 8, 1996, 110 Stat. 137; Pub. L. 109-248, title V, Sec.
    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, 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

      2006 - Pub. L. 109-248, Sec. 506(a)(3), inserted comma after "in
    or affecting such commerce" in first par.
      Pub. L. 109-248, Sec. 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, Sec. 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, Sec. 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, Sec. 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.

FOOTNOTE

    (!1) See References in Text note below.
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