Interstate Obscenity Definition Act
Sponsored By: Senator Mike Lee
Introduced
Summary
Defines 'obscenity' under the Communications Act. It inserts a three-part test for visual depictions and removes a specific intent qualifier from a related Communications Act offense.
Show full summary
- For courts and enforcers: the bill sets a formal three-part test for when a visual depiction is "obscene." It must appeal to the prurient interest, depict or describe sexual acts or contact with the objective to arouse, and lack serious literary, artistic, political, or scientific value.
- For people subject to section 223(a)(1)(A): it removes the phrase "with intent to abuse, threaten, or harass another person," eliminating that specific intent element in that clause.
- For the statute's text and administration: it renumbers paragraphs, fixes a cross-reference in Section 271(c)(1)(A), and relies on the federal definitions of "sexual act" and "sexual contact" in 18 U.S.C. 2246.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
New obscenity test for images
If enacted, this bill would add a legal definition of "obscene" for pictures and videos in the Communications Act. A visual work would be called obscene only if three things are true: it appeals to prurient interest in nudity, sex, or excretion; it shows or describes actual or simulated sexual acts or contact, or a lewd showing of the genitals, with the objective to arouse; and, taken as a whole, it lacks serious literary, artistic, political, or scientific value. The bill would use the federal meanings of "sexual act" and "sexual contact" in 18 U.S.C. 2246. If passed, creators, platforms, and services that send or host images could face different enforcement or need to change practices.
New rule for obscene phone calls
If enacted, the bill would remove the phrase "with intent to abuse, threaten, or harass" from the law on obscene or harassing interstate or foreign phone calls. That would allow the rule to apply even when a caller's specific intent is not shown. This change would most directly affect people who make calls and providers that handle interstate or foreign communications. It would be effective upon enactment.
Sponsors & CoSponsors
Sponsor
Mike Lee
UT • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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