Title 18 — Crimes and Criminal Procedure
Part I · Chapter 71 — Obscenity
§ 1462. Importation or transportation of obscene matters
Statutory text
Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service (as defined in section 230(e)(2) 1 of the Communications Act of 1934), for carriage in interstate or foreign commerce—
any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or
any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or
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 or receives, from such express company or other common carrier or interactive computer service (as defined in section 230(e)(2) 1 of the Communications Act of 1934) any matter or thing the carriage or importation 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.
Footnotes
- 1 See References in Text note below.
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.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 1462
June 25, 1948, ch. 645, 62 Stat. 768
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 768Pub. L. 85–796 § 2 · 72 Stat. 962
Substituted · 18 U.S.C. § 1462
Pub. L. 85–796 substituted “uses” for “deposits with” in penultimate par
Substituted · 18 U.S.C. § 1462
Pub. L. 85–796 substituted “carriage of which” for “depositing of which for carriage” in penultimate par
Inserted · 18 U.S.C. § 1462
Pub. L. 85–796 inserted penalty provisions for subsequent offenses in last par
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 2. (a) The first paragraph of section 1462 of title 18 of the 64 Stat. 194. United States Code is amended to read as follows: “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—”. (b) That paragraph of such section 1462 which begins with the words “Whoever knowingly takes” is amended to read as follows: “Whoever knowingly takes from such express company or other common carrier any matter or thing the carriage of which is herein made unlawful—”. (c) The last paragraph of such section 1462 is amended to read as follows: Penalty. “Shall be fined not more than $5,000 or imprisoned not more than five years, or both, for the first such offense and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter.”Pub. L. 91–662 § 4 · 84 Stat. 1973
Struck · 18 U.S.C. § 1462
Pub. L. 91–662 struck out “preventing conception, or” before “producing abortion”
Source evidence
Code amendment note
Pub. L. 91–662 struck out “preventing conception, or” before “producing abortion”.Enacted provision · exact public law section
Sec. 4. Section 1462 of title 18 of the United States Code is amended 64 Stat. 194. by striking out “preventing conception, or”.Effective date note
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.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796
Substituted · 18 U.S.C. § 1462
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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;Pub. L. 104–104 § 507(a)(1) · 110 Stat. 137
Inserted · 18 U.S.C. § 1462
Pub. L. 104–104, § 507(a)(1), inserted “or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)” after “carrier” in first par
Source evidence
Code amendment note
Pub. L. 104–104, § 507(a)(1), inserted “or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)” after “carrier” in first par.Pub. L. 104–104 § 507(a)(2) · 110 Stat. 137
Inserted · 18 U.S.C. § 1462
Pub. L. 104–104, § 507(a)(2), in second par., inserted “or receives,” after “takes”, “or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)” after “common carrier”, and “or importation” after “carriage”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–104, § 507(a)(2), in second par., inserted “or receives,” after “takes”, “or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)” after “common carrier”, and “or importation” after “carriage”.
5 of 8 references resolved to an enrolled provision · 3 partial
Notes
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.
Editorial Notes
References in Text
Section 230(e)(2) of the Communications Act of 1934, referred to in text, was redesignated section 230(f)(2) of the Communications Act of 1934 by Pub. L. 105–277, div. C, title XIV, § 1404(a)(2), , 112 Stat. 2681–739, and is classified to section 230(f)(2) of Title 47, Telecommunications.
Amendments1950–1996 · 5 rounds
1996
Pub. L. 104–104, § 507(a)(1), inserted “or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)” after “carrier” in first par.
Pub. L. 104–104, § 507(a)(2), in second par., inserted “or receives,” after “takes”, “or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)” after “common carrier”, and “or importation” after “carriage”.
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 , 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1971 Amendment
Amendment by Pub. L. 91–662 effective , see section 7 of Pub. L. 91–662, set out as a note under section 552 of this title.
Construction of 1996 Amendment
Pub. L. 104–104, title V, § 507(c), , 110 Stat. 137, provided that: “The amendments made by this section [amending this section and section 1465 of this title] are clarifying and shall not be interpreted to limit or repeal any prohibition contained in sections 1462 and 1465 of title 18, United States Code, before such amendment, under the rule established in United States v. Alpers, 338 U.S. 680 (1950).”
Credits
1948–1996 · 6 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 768
- 1950May 27, 1950, ch. 214, § 1, 64 Stat. 194
- 1958Pub. L. 85–796, § 2, , 72 Stat. 962
- 1971Pub. L. 91–662, § 4, , 84 Stat. 1973
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), (L), , 108 Stat. 2147
- 1996Pub. L. 104–104, title V, § 507(a), , 110 Stat. 137.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 768; May 27, 1950, ch. 214, § 1, 64 Stat. 194; Pub. L. 85–796, § 2, , 72 Stat. 962; Pub. L. 91–662, § 4, , 84 Stat. 1973; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (L), , 108 Stat. 2147; Pub. L. 104–104, title V, § 507(a), , 110 Stat. 137.)