What 18 USC § 1465 - Production and Transportation of Obscene Matters for Sale or Distribution requires
18 USC § 1465 (originally enacted June 28, 1955, ch. 190, § 3, 69 Stat. 183; most recently amended by Pub. L. 109-248, July 27, 2006) makes it a federal offence for any person to knowingly produce with the intent to transport, distribute, or transmit in interstate or foreign commerce - or to knowingly transport, travel in, or use a facility or means of interstate or foreign commerce or an interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934) - for the purpose of sale or distribution of any obscene book, pamphlet, picture, film, paper, letter, writing, print, silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription, or other matter of indecent or immoral character; the statute carries a fine and up to 5 years imprisonment, and the transportation of two or more copies of any publication, or a combined total of five such publications and articles, creates a rebuttable presumption that the materials are intended for sale or distribution.
Pillar: Adult Industry & Sexual Content Compliance · Authority: United States Congress (originally enacted June 28, 1955, ch. 190, § 3, 69 Stat. 183; recodified into Title 18 by Pub. L. 109-248 - Adam Walsh Child Protection and Safety Act of 2006) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/18/1465
SHA-256 integrity: 9e356a986942477f87b571c8d0096e5d6f2975a281813f9a5cb4c57dd6b96383
Primary Citations — 5 traced to source
- 18 USC § 1465 PRODUCTION AND TRANSPORTATION FOR SALE OR DISTRIBUTION: '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) 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.'
- 18 USC § 1465 REBUTTABLE PRESUMPTION: '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.'
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