XXXLAW J. D. Obenberger and Associates, Attorneys and Counselors at Law
A Sampler of Federal Criminal Statutes Regarding Pornography and Sexual Activity*
(and a peek into the US Attorneys' manual on prosecution policies)
Federal Obscenity Criminal and Forfeiture Statutes
| 18 USC 1461 | Mailing obscene matter |
| 18 USC 1462 | Importation or transportation of obscene matter |
| 18 USC 1463 | Mailing indecent matter on wrappers or envelopes |
| 18 USC 1464 | Broadcasting obscene language |
| 18 USC 1465 | Transportation of obscene matters for distribution |
| 18 USC 1466 | Engaging in the business of selling or transferring obscene matter |
| 18 USC 1467 | Criminal Forfeiture |
| 18 USC 1468 | Distribution of obscene matters by wire |
| 18 USC 1469 | Presumptions |
| 18 USC 1470 | Transfer of obscene matters to minors |
Child Pornography Abatement - Record Keeping
| 18 USC 2246 | Definitions |
| 18 USC 2251 | Sexual exploitation of children |
| 18 USC 2252 | Activities relating to child pornography |
| 18 USC 2252A | Child pornography |
| 18 USC 2253 | Criminal forfeiture |
| 18 USC 2254 | Civil forfeiture |
| 18 USC 2255 | Civil Remedy, presumed damages no less than $50,000.00 |
| 18 USC 2256 | Definitions |
| 18 USC 2257 | Record keeping and notice |
| 18 USC 2258 | Failure to report child abuse |
| 18 USC 2259 | Mandatory Restitution of victim's damages |
| 18 USC 2260 | Production of child pornography for importation into the United States |
The Mann Act - Transporting Persons for Sexual Purposes
| 18 USC 2421 | Transportation of persons for prostitution or criminal sexual activity |
| 18 USC 2422 | Coercion or enticement of transportation for these purposes |
| 18 USC 2423 | Transportation of minors for criminal sexual activity |
| 18 USC 2425 | Transmission of information about minors for criminal sexual activity |
| 18 USC 2427 | Child pornography included within ambit of these criminal statutes |
| 18 USC 1961 | Definitions |
| 18 USC 1962 | Prohibited Activities |
| 18 USC 1963 | Criminal Penalties |
| 18 USC 1964 | Civil Remedies and forfeitures |
| 18 USC 1965 | Venue and Process |
| 18 USC 1966 | Actions to be expedited |
| 18 USC 1967 | Closed Proceedings - Evidence |
| 18 USC 1968 | Civil Investigation by Attorney General |
| 39 USC 3008 | Erotically arousing mail |
| 39 USC 3010 | Mailing of Sexually oriented advertising |
| 39 USC 3011 | Judicial enforcement |
Public Health and Welfare - Search for and Seizure of Materials to be disseminated in interstate commerce
| 42 USC 2000aa | Searches and Seizures of documentary materials by government officers in criminal investigations |
| 47 USC 153 | Definitions |
| 47 USC 223 | Obscene or harassing phone calls |
| 47 USC 228 | FTC Regulation of Pay per Call |
| 47 USC 230 | Blocking and Screening of Offensive material |
| 47 USC 231 | Restriction on access of minors to harmful material on the world wide web |
| 47 USC 561 | Scrambling of explicit materials on cable TV |
| 42 USC 1983 | Civil Action for deprivation of rights under color of state law |
| 42 USC 1985 | Civil Action based on conspiracy to violate civil rights |
| 42 USC 1986 | Civil Action for failure to prevent violation of civil rights |
*Caveat: The foregoing tables are only a sampler of significant federal statutes which may have applicability to pornography. This listing is by no means comprehensive and is not intended to substitute for a careful and professional analysis of federal law. In the American legal tradition, the interpretation of statutes by courts controls their meaning and application to an extent unknown outside the Anglo-american legal tradition, and authoritative interpretation of these statutes by courts must be consulted to understand their real meaning. In addition to federal law, state and local law also need to be examined and understood to assess any enterprise for legality.
Matters concerning underage minors are included in this table so that no reader will have any doubt as to how seriously the United States government takes such matters, how seriously they are punished, and how far the United States extends its jurisdiction toward the abatement of all production and use of such images. United States law in this connection includes statutes which reach outside its territorial limits, as far as spacecraft in flight. See, in particular, 18 USC 2260 and 18 USC 7.
Title 9 (last updated November, 2000) of the US Attorney's Manual provides the most recent, publicly disseminated, guidance for prosecution policy in this area, and this is found on DOJ's site at Section 9-75.020:
Prosecution of large scale distributors
of obscene material who realize substantial income from their multi-state
operations also is encouraged. Prosecution priority should be given to cases
in which there is evidence of involvement by
known organized crime figures. However, prosecution of cases involving relatively
small distributors can have a deterrent effect
and would dispel any notion that obscenity distributors are insulated from prosecution
if their operations fail to exceed a
predetermined size or if they fragment their business into small-scale operations.
Therefore, prosecution of such distributors also
may be appropriate on a case-by-case basis. In evaluating obscenity cases, substantial
deference should be given to the United
States Attorney's determination of the viability of the case based upon the
factors set forth in Miller v. California, 413 U.S. 15
(1973). Under the legal test of obscenity set forth in that case, material is
obscene if, taken as a whole, the average person in
the community would find that the material appeals to the prurient interest
of its intended audience, depicts sexual conduct in a
patently offensive way, and a reasonable person would find the material, taken
as a whole, lacks serious literary, artistic,
political or scientific value.