§ 1465

Production and transportation of obscene matters for sale or distribution

Up to 5 years Gambling & Obscenity 1 sentenced (FY2025) Ch. 71 · Obscenity

Official text prohibited actmental stateif conditionpenaltylegal term

Whoever knowingly produces with the intent to transport, distribute, or transmit in , or whoever knowingly transports or travels in, or uses a facility or means of, or an interactive computer service (as defined in section 230(e)(2) [1] of the Communications Act of 1934) in or affecting such commerce, for the purpose of sale or distribution of 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 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.

History: (Added June 28, 1955, ch. 190, §3, 69 Stat. 183; amended Pub. L. 100–690, title VII, §§7521(c), 7522(b), Nov. 18, 1988, 102 Stat. 4489 (PDF, 56 MB), 4494; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147 (PDF, 52 MB); Pub. L. 104–104, title V, §507(b), Feb. 8, 1996, 110 Stat. 137; Pub. L. 109–248, title V, §506(a), July 27, 2006, 120 Stat. 630.)

1 See References in Text note below.

Simplified explanation

It is a federal crime to knowingly make obscene material intending to distribute it across state or national lines, or to transport it or use interstate commerce or online services to sell or distribute it.