§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, for carriage in interstate or foreign commerce-

(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 from such express company or other common carrier any matter or thing the carriage 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, §1, 64 Stat. 194 ; Aug. 28, 1958, Pub. L. 85–796, §2, 72 Stat. 962 ; Jan. 8, 1971, Pub. L. 91–662, §4, 84 Stat. 1973 ; Sept. 13, 1994, Pub. L. 103–322, title XXXIII, §330016(1)(K), (L), 108 Stat. 2147 .)

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 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.

Amendments

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.

Cross References

Importation of immoral articles prohibited, see section 1305 of Title 19, Customs Duties.

Section Referred to in Other Sections

This section is referred to in section 1961 of this title.