18 USC 1461: Obscene matter

            
 
          Sec. 1461. Mailing obscene or crime-inciting matter

    Every obscene, lewd, lascivious, indecent, filthy or vile article, 
matter, thing, device, or substance; and--
    Every article or thing designed, adapted, or intended for producing 
abortion, or for any indecent or immoral use; and
    Every article, instrument, substance, drug, medicine, or thing which 
is advertised or described in a manner calculated to lead another to use 
or apply it for producing abortion, or for any indecent or immoral 
purpose; and
    Every written or printed card, letter, circular, book, pamphlet, 
advertisement, or notice of any kind giving information, directly or 
indirectly, where, or how, or from whom, or by what means any of such 
mentioned matters, articles, or things may be obtained or made, or where 
or by whom any act or operation of any kind for the procuring or 
producing of abortion will be done or performed, or how or by what means 
abortion may be produced, whether sealed or unsealed; and
    Every paper, writing, advertisement, or representation that any 
article, instrument, substance, drug, medicine, or thing may, or can, be 
used or applied for producing abortion, or for any indecent or immoral 
purpose; and
    Every description calculated to induce or incite a person to so use 
or apply any such article, instrument, substance, drug, medicine, or 
thing--
    Is declared to be nonmailable matter and shall not be conveyed in 
the mails or delivered from any post office or by any letter carrier.
    Whoever knowingly uses the mails for the mailing, carriage in the 
mails, or delivery of anything declared by this section or section 
3001(e) of title 39 to be nonmailable, or knowingly causes to be 
delivered by mail according to the direction thereon, or at the place at 
which it is directed to be delivered by the person to whom it is 
addressed, or knowingly takes any such thing from the mails for the 
purpose of circulating or disposing thereof, or of aiding in the 
circulation or disposition thereof, 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.
    The term ``indecent'', as used in this section includes matter of a 
character tending to incite arson, murder, or assassination.

(June 25, 1948, ch. 645, 62 Stat. 768; June 28, 1955, ch. 190, 
Secs. 1, 2, 69 Stat. 183; Pub. L. 85-796, Sec. 1, Aug. 28, 1958, 72 
Stat. 962; Pub. L. 91-662, Secs. 3, 5(b), 6(3), Jan. 8, 1971, 84 
Stat. 1973, 1974; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (L), 
Sept. 13, 1994, 108 Stat. 2147.)
                      Historical and Revision Notes

    Based on title 18, U.S.C., 1940 ed., Sec. 334 (Mar. 4, 1909, ch. 
321, Sec. 211, 35 Stat. 1429 [1129]; Mar. 4, 1911, ch. 241, Sec. 2, 36 
Stat. 1339).
    The attention of Congress is invited to the following decisions of 
the Federal courts construing this section and section 1462 of this 
title.
    In Youngs Rubber Corporation, Inc. v. C. I. Lee & Co., Inc., C.C.A. 
1930, 45 F. 2d 103, it was said that the word ``adapted'' as used in 
this section and in section 1462 of this title, the latter relating to 
importation and transportation of obscene matter, is not to be construed 
literally, the more reasonable interpretation being to construe the 
whole phrase ``designed, adapted or intended'' as requiring ``an intent 
on the part of the send
er that the article mailed or shipped by common carrier be used for 
illegal contraception or abortion or for indecent or immoral purposes.'' 
The court pointed out that, taken literally, the language of these 
sections would seem to forbid the transportation by mail or common 
carrier of anything ``adapted,'' in the sense of being suitable or 
fitted, for preventing conception or for any indecent or immoral 
purpose, ``even though the article might also be capable of legitimate 
uses and the sender in good faith supposed that it would be used only 
legitimately. Such a construction would prevent mailing to or by a 
physician of any drug or mechanical device `adapted' for contraceptive 
or abortifacient uses, although the physician desired to use or to 
prescribe it for proper medical purposes. The intention to prevent a 
proper medical use of drugs or other articles merely because they are 
capable of illegal uses is not lightly to be ascribed to Congress. 
Section 334 [this section] forbids also the mailing of obscene books and 
writings; yet it has never been thought to bar from the mails medical 
writings sent to or by physicians for proper purposes, though of a 
character which would render them highly indecent if sent broadcast to 
all classes of persons.'' In United States v. Nicholas, C.C.A. 1938, 97 
F. 2d 510, ruling directly on this point, it was held that the 
importation or sending through the mails of contraceptive articles or 
publications is not forbidden absolutely, but only when such articles or 
publications are unlawfully employed. The same rule was followed in 
Davis v. United States, C.C.A. 1933, 62 F. 2d 473, quoting the obiter 
opinion from Youngs Rubber Corporation v. C. I. Lee & Co., supra, and 
holding that the intent of the person mailing a circular conveying 
information for preventing conception that the article described therein 
should be used for condemned purposes was necessary for a conviction; 
also that this section must be given a reasonable construction. (See 
also United States v. One Package, C.C.A. 1936, 86 F. 2d 737.)
    Reference to persons causing or procuring was omitted as unnecessary 
in view of definition of ``principal'' in section 2 of this title.
    Minor changes in phraseology were made.
                               Amendments

    1994--Pub. L. 103-322, in eighth par., substituted ``fined under 
this title'' for ``fined not more than $5,000'' after ``thereof, shall 
be'' and for ``fined not more than $10,000'' after ``offense, and shall 
be''.
    1971--Pub. L. 91-662, Sec. 3(1), in second par., struck out 
``preventing conception or'' before ``producing abortion''.
    Pub. L. 91-662, Sec. 3(1), in third par., struck out ``preventing 
conception or'' after ``apply it for''.
    Pub. L. 91-662, Sec. 3(2), (3), in fourth par., substituted ``means 
abortion may be produced'' for ``means conception may be prevented or 
abortion produced''.
    Pub. L. 91-662, Sec. 3(1), in fifth par., struck out ``preventing 
conception or'' after ``applied for''.
    Pub. L. 91-662, Sec. 6(3), in eighth par., inserted ``or section 
3001(e) of title 39'' after ``this section''. Section 5(b) of Pub. L. 
91-662 inserted reference to section 4001(d) of Title 39, The Postal 
Service, which reflected provisions of Title 39 prior to the effective 
date of Title 39, Postal Service, as enacted by the Postal 
Reorganization Act. Said section 4001(d) was repealed by section 6(2) of 
Pub. L. 91-662, effective on the date that the Board of Governors of the 
Postal Service establish as the effective date for section 3001 of Title 
39, Postal Service.
    1958--Pub. L. 85-796 provided in eighth par. for continuing offenses 
by use of the mails instead of by deposits for mailing and for 
punishment for subsequent offenses.
    1955--Act June 28, 1955, Sec. 1, in first par., substituted 
``indecent, filthy or vile article, matter, thing, device or substance'' 
for ``or filthy book, pamphlet, picture paper, letter, writing, print, 
or other publication of an indecent character''.
    Act June 28, 1955, Sec. 2, struck out fifth par., which read as 
follows: ``Every letter, packet, or package, or other mail matter 
containing any filthy, vile, or indecent thing, device or substance; 
and''.
                    Effective Date of 1971 Amendment

    Amendment by sections 3 and 5(b) of 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.
    Section 6 of Pub. L. 91-662 provided that the amendment made by that 
section is effective on date that Board of Governors of United States 
Postal Service establishes as the effective date for section 3001 of 
title 39 of the United States Code, as enacted by the Postal 
Reorganization Act.
                 Commission on Obscenity and Pornography

    Pub. L. 90-100, Oct. 3, 1967, 81 Stat. 253, as amended by Pub. L. 
90-350, title V, Sec. 502, June 19, 1968, 82 Stat. 197; Pub. L. 91-74, 
title V, Sec. 503, Sept. 29, 1969, 83 Stat. 123, provided for 
establishment of Commission on Obscenity and Pornography, its 
membership, compensation of members, powers, functions, and duties of 
Commission, required Commission to report to President and to Congress 
its findings and recommendations no later than Sept. 30, 1970, and 
provided for its termination ten days following submission of report.