18 U.S.C. § 1465 - Production and transportation of obscene matters for sale or distribution

• Cite as: 18 U.S.C. § 1465

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) 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.

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.

¹ See References in Text note below.

Cite as 18 U.S.C. § 1465

Source: 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.

Notes from the Office of Law Revision Counsel

current through 12/7/2021

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, Telecommunications.

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 "whoever 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.