§ 1735

Sexually oriented advertisements

Up to 10 years Mail & Postal None sentenced (FY2025) Ch. 83 · Postal Service

Official text prohibited actmental stateif conditionpenaltylegal term

(a) Whoever—

(1) uses the mails for the mailing, carriage in the mails, or delivery of any sexually oriented advertisement in violation of section 3010 of title 39, or violates any regulations of the Board of Governors issued under such section; or

(2) sells, leases, rents, lends, exchanges, or licenses the use of, or, except for the purpose expressly authorized by section 3010 of title 39, uses a mailing list maintained by the Board of Governors under such section;

shall be or imprisoned not more than five years, or both, for the first offense, and shall be or imprisoned not more than ten years, or both, for any second or subsequent offense.

(b)

For the purposes of this section, the term "sexually oriented advertisement" shall have the same meaning as given it in section 3010(d) of title 39.

History: (Added Pub. L. 91–375, §6(j)(37)(A), Aug. 12, 1970, 84 Stat. 781 (PDF, 12 MB); amended Pub. L. 103–322, title XXXIII, §330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147 (PDF, 52 MB).)

Simplified explanation

It is a federal crime to willfully mail sexually oriented advertisements in violation of the federal law that lets people opt out of receiving them (39 U.S.C. 3010). It is also a crime to sell, rent, or misuse the government's list of people who opted out.