§1465. Transportation of obscene matters for sale or distribution

Whoever knowingly transports in interstate or foreign commerce for the purpose of sale or distribution, 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, 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.

(Added June 28, 1955, ch. 190, §3, 69 Stat. 183 ; amended Nov. 18, 1988, Pub. L. 100–690, title VII, §§7521(c), 7522(b), 102 Stat. 4489 , 4494; Sept. 13, 1994, Pub. L. 103–322, title XXXIII, §330016(1)(K), 108 Stat. 2147 .)

Amendments

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, §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, §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."

Section Referred to in Other Sections

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