§ 1462. — Importation or transportation of obscene matters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1462]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 71--OBSCENITY
Sec. 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) \1\ of the Communications Act of 1934), for carriage in
interstate or foreign commerce--
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\1\ See References in Text note below.
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(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.
(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).''
Section Referred to in Other Sections
This section is referred to in section 1961 of this title.
