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18 U.S.C. § 1461 — Mailing obscene or crime-inciting matter

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1461 — Mailing obscene or crime-inciting matter

Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; and—

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Source file: Laws/federal/codes/united-states-code/title-18/section-1461-mailing-obscene-or-crime-inciting-matter--c50552dcaa.md
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Source location: Title 18, Chapter 71, § 1461; chapter-071-obscenity.md

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Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; and—

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1462 — Importation or transportation of obscene matters

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) 11 See References in Text note below. 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.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2 — Principals

**(a)** Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. **(b)** Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 552 — Officers aiding importation of obscene or treasonous books and articles

Whoever, being an officer, agent, or employee of the United States, knowingly aids or abets any person engaged in any violation of any of the provisions of law prohibiting importing, advertising, dealing in, exhibiting, or sending or receiving by mail obscene or indecent publications or representations, or books, pamphlets, papers, writings, advertisements, circulars, prints, pictures, or drawings containing any matter advocating or urging treason or insurrection against the United States or forcible resistance to any law of the United States, or containing any threat to take the life of or inflict bodily harm upon any person in the United States, or means for procuring abortion, or other articles of indecent or immoral use or tendency, shall be fined under this title or imprisoned not more than ten years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3001 — Nonmailable matter

**(a)** Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738 11 See References in Text note below. of title 18, or section 26 of the Animal Welfare Act is nonmailable. **(b)** Except as provided in subsection (c) of this section, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postal Service shall direct. **(c)** (1) Matter which— (A) exceeds the size and weight limits prescribed for the particular class of mail; or (B) is of a character perishable within the period required for transportation and delivery; is nonmailable. (2) Matter made nonmailable by this subsection which reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender. **(d)** Matter otherwise legally acceptable in the mails which— (1) is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but (2) constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both; is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe— (A) the following notice: “This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this off

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1461 — Mailing obscene or crime-inciting matter

Page 381 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1461 1 Section catchline amended by Pub. L. 109–248 without cor- responding amendment of chapter analysis. Sec. 1463. Mailing indecent matter on wrappers or enve- lopes. 1464. Broadcasting obscene language. 1465. Transportation of obscene matters for sale or distribution.1 1466. Engaging in the business of selling or trans- ferring obscene matter. 1466A. Obscene visual representations of the sexual abuse of children. 1467. Criminal forfeiture. 1468. Distributing obscene material by cable or subscription television. 1469. Presumptions. 1470. Transfer of obscene material to minors. Editorial Notes AMENDMENTS 2003—Pub. L. 108–21, title V, § 504(b), Apr. 30, 2003, 117 Stat. 682, added item 1466A. 1998—Pub. L. 105–314, title IV, § 401(b), Oct. 30, 1998, 112 Stat. 2979, added item 1470. 1988—Pub. L. 100–690, title VII, §§ 7521(b), (f)[(e)], 7523(b), 7526(b), Nov. 18, 1988, 102 Stat. 4489, 4490, 4502, 4503, added items 1460 and 1466 to 1469. 1955—Act June 28, 1955, ch. 190, § 4, 69 Stat. 184, added item 1465. 1950—Act May 27, 1950, ch. 214, § 2, 64 Stat. 194, sub- stituted ‘‘matters’’ for ‘‘literature’’ in item 1462. § 1460. Possession with intent to sell, and sale, of obscene matter on Federal property (a) Whoever, either— (1) in the special maritime and territorial ju- risdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Govern- ment of the United States; or (2) in the Indian country as defined in sec- tion 1151 of this title, knowingly sells or possesses with intent to sell an obscene visual depiction shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than

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