18 U.S.C. § 1464 — Broadcasting obscene language

Page 383 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1464 (June 25, 1948, ch. 645, 62 Stat. 768; May 27, 1950, ch. 214, § 1, 64 Stat. 194; Pub. L. 85–796, § 2, Aug. 28, 1958, 72 Stat. 962; Pub. L. 91–662, § 4, Jan. 8, 1971, 84 Stat. 1973; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–104, title V, § 507(a), Feb. 8, 1996, 110 Stat. 137.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 396 (Mar. 4, 1909, ch. 321, § 245, 35 Stat. 1138; June 5, 1920, ch. 268, 41 Stat. 1060). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Words ‘‘in interstate or foreign commerce’’ were sub- stituted 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. Editorial Notes 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, Tele- communications. AMENDMENTS 1996—Pub. L. 104–104, § 507(a)(1), inserted ‘‘or inter- active computer service (as defined in section 230(e)(2) of the Communications Act of 1934)’’ after ‘‘carrier’’ in first par. Pub. L. 104–104, § 507(a)(2), in second par., inserted ‘‘or receives,’’ after ‘‘takes’’, ‘‘or interactive computer service (as defined in section 230(e)(2) of the Commu- nications 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 concep- tion, or’’ before ‘‘producing abortion’’. 1958—Pub. L. 85–796 substituted ‘‘uses’’ for ‘‘deposits with’’ in opening par., ‘‘carriage of which’’ for ‘‘depos- iting of which for carriage’’ in penultimate par., and in- serted penalty provisions for subsequent offenses in last par. 1950—Act May 27, 1950, brought within scope of sec- tion the importation or transportation of any obscene, lewd, lascivious, or filthy phonograph recording, elec- trical transcription, or other article or think capable of producing sound. Statutory Notes and Related Subsidiaries 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 Pub. L. 104–104, title V, § 507(c), Feb. 8, 1996, 110 Stat. 137, provided that: ‘‘The amendments made by this sec- tion [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).’’ § 1463. Mailing indecent matter on wrappers or envelopes All matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, and all postal cards upon which, any de- lineations, epithets, terms, or language of an in- decent, lewd, lascivious, or obscene character are written or printed or otherwise impressed or apparent, are nonmailable matter, and shall not be conveyed in the mails nor delivered from any post office nor by any letter carrier, and shall be withdrawn from the mails under such regula- tions as the Postal Service shall prescribe. Whoever knowingly deposits for mailing or de- livery, anything declared by this section to be nonmailable matter, or knowingly takes the same from the mails for the purpose of circu- lating or disposing of or aiding in the circula- tion or disposition of the same, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 91–375, § 6(j)(13), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed. § 335 (Mar. 4, 1909, ch. 321, § 212, 35 Stat. 1129). Said section 335 of title 18, U.S.C., 1940 ed., was incor- porated in this section and section 1718 of this title. Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in last par. 1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for ‘‘Postmaster General’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. § 1464. Broadcasting obscene language Whoever utters any obscene, indecent, or pro- fane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on sections 326 and 501 of title 47, U.S.C., 1940 ed., Telegraphs, Telephones, and Radio-telegraphs (June 19, 1934, ch. 652, §§ 326, 501, 48 Stat. 1091, 1100). Section consolidates last sentence of section 326 with penalty provision of section 501 both of title 47, U.S.C., 1940 ed., with changes in phraseology necessary to ef- fect the consolidation. Section 501 of title 47, U.S.C., 1940 ed., is to remain, also, in said title 47, as it relates to other sections therein. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. Page 384 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1465 1 See References in Text note below. 1 So in original. Probably should be followed by a comma. Statutory Notes and Related Subsidiaries OBSCENE LANGUAGE; PROMULGATION OF REGULATIONS Federal Communications Commission to promulgate regulations by Jan. 31, 1989, in accordance with this section to enforce this section on a 24 hour per day basis, see section 608 of Pub. L. 100–459, set out as a note under section 303 of Title 47, Telecommunications. § 1465. Production and transportation of obscene matters for sale or distribution Whoever knowingly produces with the intent to transport, distribute, or transmit in inter- state or foreign commerce, or whoever know- ingly 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 pur- pose 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 record- ing, electrical transcription or other article ca- pable 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 ar- ticles, shall create a presumption that such pub- lications or articles are intended for sale or dis- tribution, but such presumption shall be rebut- table. (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.) Editorial Notes 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, Tele- communications. 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 ‘‘who- ever 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 ‘‘trans- ports 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 Commu- nications 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, las- civious, 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 know- ingly 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 vio- lation of this Act, the court in its judgment of convic- tion 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 ar- rest.’’ Statutory Notes and Related Subsidiaries 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 amend- ment, see section 507(c) of Pub. L. 104–104, set out as a note under section 1462 of this title. § 1466. Engaging in the business of selling or transferring obscene matter (a) Whoever is engaged in the business of pro- ducing with intent to distribute or sell, or sell- ing or transferring obscene matter, who know- ingly receives or possesses with intent to dis- tribute any obscene book, magazine, picture, paper, film, videotape, or phonograph or other audio recording, which has been shipped or transported in interstate or foreign commerce, shall be punished by imprisonment for not more than 5 years or by a fine under this title, or both. (b) As used in this section, the term ‘‘engaged in the business’’ means that the person who pro- duces 1 sells or transfers or offers to sell or transfer obscene matter devotes time, attention, or labor to such activities, as a regular course of trade or business, with the objective of earning a profit, although it is not necessary that the person make a profit or that the production, selling or transferring or offering to sell or transfer such material be the person’s sole or principal business or source of income. The of- fering for sale of or to transfer, at one time, two or more copies of any obscene publication, or two or more of any obscene article, or a com- bined total of five or more such publications and articles, shall create a rebuttable presumption that the person so offering them is ‘‘engaged in the business’’ as defined in this subsection. (Added Pub. L. 100–690, title VII, § 7521(a), Nov. 18, 1988, 102 Stat. 4489; amended Pub. L. 101–647, title XXXV, § 3548, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 109–248, title V, § 506(b), July 27, 2006, 120 Stat. 630.)