§ 1465. — Transportation of obscene matters for sale or distribution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1465]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 71--OBSCENITY
Sec. 1465. Transportation of obscene matters for sale or
distribution
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.
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\1\ See References in Text note below.
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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.
(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.)
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, 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.
Section Referred to in Other Sections
This section is referred to in section 1961 of this title; title 19
section 1583.
