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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 71 — Obscenity

§ 1460. Possession with intent to sell, and sale, of obscene matter on Federal property

Statutory text

(a)

Whoever, either—

(1)

in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States; or

(2)

in the Indian country as defined in section 1151 of this title,

knowingly sells or possesses with intent to sell an obscene visual depiction shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both.

(b)

For the purposes of this section, the term “visual depiction” includes undeveloped film and videotape but does not include mere words.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Child Protection and Obscenity Enforcement Act of 1988

    Pub. L. 100–690 title VII § 7526(a) · 102 Stat. 4181

    Enacted · 18 U.S.C. § 1460

    Added Pub. L. 100–690, title VII, § 7526(a), Nov. 18, 1988, 102 Stat. 4503

    Source evidence

    Code source credit
    Added Pub. L. 100–690, title VII, § 7526(a), Nov. 18, 1988, 102 Stat. 4503

    Enacted provision · exact public law section
    (a) In General.— Chapter 71 of title 18, United States Code, is amended by inserting before section 1461 the following: “§ 1460. Possession with intent to sell, and sale, of obscene matter on Federal property “(a) Whoever, either— “(1) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States; or “(2) in the Indian country as defined in section 1151 of this Indians. title, knowingly sells or possesses with intent to sell an obscene visual depiction or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct, shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both. “(b) For the purposes of this section— “(1) the term ‘visual depiction’ includes undeveloped film and videotape but does not include mere words; and “(2) the terms ‘minor’ and ‘sexually explicit conduct’ have the meaning given those terms in chapter 110 of this title.”.

  2. Child Protection Restoration and Penalties Enhancement Act of 1990

    Pub. L. 101–647 § 323(c)(1) · 104 Stat. 4789

    Struck · 18 U.S.C. § 1460(a)

    Pub. L. 101–647, § 323(c)(1), struck out “or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct,” after “visual depiction” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–647, § 323(c)(1), struck out “or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct,” after “visual depiction” in concluding provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct,” and

  3. Child Protection Restoration and Penalties Enhancement Act of 1990

    Pub. L. 101–647 § 323(c)(2) · 104 Stat. 4789

    Amended · 18 U.S.C. § 1460(b)

    Pub. L. 101–647, § 323(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purposes of this section—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–647, § 323(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purposes of this section—

    “(1) the term ‘visual depiction’ includes undeveloped film and videotape but does not include mere words; and “(2) the terms ‘minor’ and ‘sexually explicit conduct’ have the meaning given those terms in chapter 110 of this title.”

    Enacted provision · exact public law section
    (2) so that subsection (b) reads as follows: “(b) For the purposes of this section, the term ‘visual depiction’ includes undeveloped film and videotape but does not include mere words.”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

1990—Subsec. (a). Pub. L. 101–647, § 323(c)(1), struck out “or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct,” after “visual depiction” in concluding provisions.

Subsec. (b). Pub. L. 101–647, § 323(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purposes of this section—

“(1) the term ‘visual depiction’ includes undeveloped film and videotape but does not include mere words; and

“(2) the terms ‘minor’ and ‘sexually explicit conduct’ have the meaning given those terms in chapter 110 of this title.”

Credits

1988–1990 · 2 acts
  1. 1988Added Pub. L. 100–690, title VII, § 7526(a), , 102 Stat. 4503
  2. 1990amended Pub. L. 101–647, title III, § 323(c), , 104 Stat. 4819.
Show as published

(Added Pub. L. 100–690, title VII, § 7526(a), , 102 Stat. 4503; amended Pub. L. 101–647, title III, § 323(c), , 104 Stat. 4819.)

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