Volume 69 · 184
Public Law 84–95
To amend title 18 of the United States Code, relating to the mailing and transportation of obscene matter.
Approved June 28, 1955
Statutory text
AN ACT
To amend title 18 of the United States Code, relating to the mailing and transportation of obscene matter.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first paragraph of section 1461 of title 18 of the United States Code is amended to read as follows:
“Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; and—”.
Sec. 2.
The fifth paragraph of section 1461 of title 18, United States Code, reading “Every letter, packet, or package, or other mail matter containing any filthy, vile or indecent thing, device, or substance; and”, is hereby repealed.’
Sec. 3.
Chapter 71 of title 18 of the United States Code is amended by inserting, immediately following section 1464 of such chapter, a new section, to be designated as section 1465, and to read as follows:
Ҥ 1465. Transportation of obscene matters for sale or distribution.
“Whoever knowingly transports in interstate or foreign commerce for the purpose of sale or distribution 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 not more than $5,000 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.
“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.”
Sec. 4.
The analysis of chapter 71 of title 18 of the United States Code is amended by inserting, immediately after and underneath item 1464, as contained in such analysis, the following new item:
Approved June 28, 1955.