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18 U.S.C. § 1462 — Importation or transportation of obscene matters
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_22ab9f73377e51b28a72f946
Source file: Laws/federal/codes/united-states-code/title-18/section-1462-importation-or-transportation-of-obscene-matters--468fae1155.md
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Source location: Title 18, Chapter 71, § 1462; chapter-071-obscenity.md
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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
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
The term “interstate commerce”, as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
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) 11 See References in Text note below. 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.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Communications Act of 1934.”
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Federal law — U.S. Code and appendices · legal_authorities
Page 382
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1462
1 See References in Text note below.
this title, the latter relating to importation and trans-
portation of obscene matter, is not to be construed lit-
erally, the more reasonable interpretation being to
construe the whole phrase ‘‘designed, adapted or in-
tended’’ as requiring ‘‘an intent on the part of the send-
er that the article mailed or shipped by common car-
rier be used for illegal contraception or abortion or for
indecent or immoral purposes.’’ The court pointed out
that, taken literally, the language of these sections
would seem to forbid the transportation by mail or
common carrier of anything ‘‘adapted,’’ in the sense of
being suitable or fitted, for preventing conception or
for any indecent or immoral purpose, ‘‘even though the
article might also be capable of legitimate uses and the
sender in good faith supposed that it would be used
only legitimately. Such a construction would prevent
mailing to or by a physician of any drug or mechanical
device ‘adapted’ for contraceptive or abortifacient uses,
although the physician desired to use or to prescribe it
for proper medical purposes. The intention to prevent a
proper medical use of drugs or other articles merely be-
cause they are capable of illegal uses is not lightly to
be ascribed to Congress. Section 334 [this section] for-
bids also the mailing of obscene books and writings; yet
it has never been thought to bar from the mails med-
ical writings sent to or by physicians for proper pur-
poses, though of a character which would render them
highly indecent if sent broadcast to all classes of per-
sons.’’ In United States v. Nicholas, C.C.A. 1938, 97 F. 2d
510, ruling directly on this point, it was held that the
importation or sendin
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