18 U.S.C. § 1466 – Engaging in financial transaction to distribute obscene material

| by Max Soni

Last Updated on: 21st September 2023, 11:01 pm

That Law About Selling Obscene Stuff Online – What You Need to Know

So you may have heard about this law called 18 U.S.C. § 1466 that makes it illegal to sell or transfer “obscene matter” online. I know, it sounds kinda scary and confusing. But stick with me and I’ll break it down so it makes sense.

First off, what exactly is “obscene matter”? Basically it means sexual content that a reasonable person would consider offensive or gross – we’re talking about the really hardcore, extreme stuff here. This law isn’t about banning regular adult content that adults should be able to access. It’s aimed at stopping people from selling or sharing things like child pornography, bestiality, rape porn – you get the idea.

Now, why did Congress pass this law making it illegal to sell or transfer obscene matter online? Well, back in the early 2000s, the internet was still pretty new. There wasn’t a lot of regulation around what could be bought, sold or shared online. So Congress stepped in with this law to crack down on folks using the internet to traffic in illegal and unethical sexual content.

The main purpose was to protect kids and unwilling adults from stumbling across or being exposed to this extremely offensive and harmful material online. And to discourage people from producing and spreading it in the first place. Seems reasonable enough, right?

What Exactly Does the Law Prohibit?

Okay, so let’s get into the nitty gritty of what this law actually prohibits. There’s two main parts to it:

1. It’s illegal to sell, transfer or offer to sell/transfer obscene matter if you’re doing it as a business. So like, you can’t run a website selling extreme porn vids or operate an online store shipping obscene magazines across state lines.
2. It’s illegal to receive obscene matter that’s been sold or transferred across state lines. So you can’t go online and buy obscene videos, stories, drawings, etc. and have them shipped to you.

Now, what counts as doing this “as a business”? Well, even just a little bit of selling or transferring obscene stuff across state lines is enough. You don’t have to be making millions or running a huge operation. Even just occasionally mailing a couple obscene magazines to someone in another state would count.

And it has to cross state lines to violate federal law. So selling obscene DVDs only to people in your own state wouldn’t fall under this specific law. But it could still break local obscenity laws!

What Are the Penalties If You Break This Law?

Okay, so you got caught selling or buying obscene matter online…what happens now? Let’s just say you don’t wanna find out:

• Up to 5 years in federal prison
• Fines of up to $250,000
• Getting added to the sex offender registry
• Possible asset forfeiture, meaning the government can seize your money and property

And if you’ve got a prior obscenity conviction, the penalties go up to 10 years in prison and $500,000 in fines. Yikes!

What Constitutes an Effective Legal Defense?

So if you do find yourself facing charges under this law, what can you do? Well, the main legal defense that’s worked for some folks is claiming that the material in question doesn’t actually meet the legal definition of “obscene.”

Your lawyer may argue that the content has artistic, scientific or political value. Or that it doesn’t violate local community standards and wouldn’t be considered offensive by an average person. It’s a tough sell, but in some cases they’ve managed to convince juries that the material wasn’t obscene.

Other defenses that have been attempted are saying you didn’t realize the content was obscene or claiming you had no intent to break the law. But again, these are pretty hard to prove when we’re talking about extreme sexual content.

The bottom line is you don’t want to mess around with getting charged under this law. It’s always smarter to just stay far away from selling or transferring anything that might be illegal or unethical.

What Do Experts Have to Say?

Legal experts have some concerns about how broadly this law could be interpreted [4]. Since it prohibits receiving obscene “visual representations”, some argue it could potentially apply to purely text-based stories or drawings with obscene content.

There’s also debate around what counts as “obscene” and how local standards should be applied to content distributed online [6]. The legal definition of obscenity is inherently subjective, so enforcing this law consistently can be challenging.

Overall though, most experts agree there’s a legitimate government interest in restricting the spread of extremely offensive and harmful sexual content online, especially to protect children. But the law needs to be applied carefully to avoid infringing on free speech rights.

The Bottom Line

Selling or transferring obscene sexual content across state lines is a federal crime that comes with severe penalties. Receiving obscene matter shipped from another state is also illegal. So stick to regular adult stuff and don’t mess around with anything extreme or unethical, especially involving kids.

This law is mainly trying to crack down on the worst-of-the-worst sexual content that would horrify any reasonable person. It’s not aimed at restricting access to regular adult stuff between consenting adults. But the definition of “obscene” can get a bit fuzzy.

While this law serves an important purpose, it also has to be applied carefully to balance protecting the public and respecting free speech. But at the end of the day, your best bet is to steer clear of anything that seems illegal or just plain wrong.

The internet can be a weird place, but have some common sense. Don’t sell or buy anything that feels like it obviously crosses the line. And maybe stick to the vanilla stuff just to be safe!