18 U.S.C. § 1462 – Importation/transportation of obscene materials

18 U.S. Code § 1462 – Importation/Transportation of Obscene Materials

18 U.S.C. § 1462 is a federal law that prohibits the importation or transportation of obscene materials across state lines or into the United States. This law was enacted to prevent the spread of obscenity and indecent content through interstate commerce. Let’s break down what this law covers, penalties for violating it, defenses, and some key cases.

What Does the Law Prohibit?

There are a few key things that 18 U.S.C. § 1462 makes illegal:

• Importing any obscene materials into the U.S. or any place under its jurisdiction
• Transporting obscene materials across state lines
• Using common carriers like the postal service or internet to transport obscenity

The law defines “obscene materials” as content that:

• Appeals to prurient interests in sex
• Depicts sexual content in a patently offensive way
• Lacks serious literary, artistic, political, or scientific value

This covers things like obscene books, photos, films, recordings, and other media. Simply possessing obscene material is not illegal, but transporting it across borders is.

Penalties

Violating this law can lead to:

• Up to 5 years in prison
• Fines under Title 18
• Forfeiture of the obscene materials
• A criminal record

Penalties increase for subsequent offenses or for transporting obscene content featuring minors. Fines can reach $250,000 and prison time can be up to 10 years.

Defenses

There are a few legal defenses if charged under this statute:

• Free speech – Arguing the material has artistic, literary, or political value protected under the First Amendment
• Unintentional transport – Claiming you did not intend or knowingly transport the material over state lines
• Entrapment – Arguing law enforcement induced you to commit a crime you otherwise wouldn’t have

An experienced attorney can argue these defenses and look for illegal conduct or procedural errors by prosecutors.

Key Cases

There have been several landmark Supreme Court cases interpreting this law:

• Roth v. United States (1957) – Upheld the federal obscenity statutes and defined obscenity
• Miller v. California (1973) – Established the Miller test for determining if material is obscene
• United States v. 12 200-Ft. Reels of Film (1973) – Applied the Miller standard to federal obscenity laws

These cases helped shape our current understanding of “obscenity” and the constitutionality of regulating obscene material.

In Practice

Prosecutors typically go after major distributors, producers, and sellers of obscene content rather than individuals bringing obscene materials over state lines for personal use. But even possessing a small amount could lead to charges in some cases.

The internet age has certainly increased people’s access to obscene material, though enforcement remains challenging. Prosecutors tend to focus on content featuring minors or extreme violence and cruelty.

If you’ve been charged under this statute, don’t take it lightly. Consult an experienced criminal defense attorney who can carefully examine the evidence and build the strongest defense strategy for your specific situation.

Obscenity laws have a complex history in American jurisprudence. While we have robust free speech protections, there are limits, especially when minors are involved. Understanding what speech is protected and what crosses the line into illegality is critical.