Title 18Crimes and Criminal ProcedureRelease 119-73

§1462 Importation or transportation of obscene matters

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 71— - OBSCENITY › § 1462

Last updated Apr 6, 2026|Official source

Summary

It is illegal to bring into the United States or to use a courier, shipping company, or covered online service to send across state or international lines certain items. The rule covers three groups: obscene or indecent printed or visual materials; obscene sound recordings or sound-making items; and drugs or things meant to cause abortion or for indecent use, plus any printed ads or notices that tell how to get or make those items.

Full Legal Text

Title 18, §1462

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service (as defined in section 230(e)(2) 11 See References in Text note below. of the Communications Act of 1934), for carriage in interstate or foreign commerce—
(a)any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or
(b)any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or
(c)any drug, medicine, article, or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of such mentioned articles, matters, or things may be obtained or made; or

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 396 (Mar. 4, 1909, ch. 321, § 245, 35 Stat. 1138; June 5, 1920, ch. 268, 41 Stat. 1060). Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title. Words “in interstate or foreign commerce” were substituted for ten lines of text without loss of meaning. (See definitive section 10 of this title.) (See reviser’s note under section 1461 of this title.) Minor changes in phraseology were made.

Editorial Notes

References in Text

section 230(e)(2) of the Communications Act of 1934, referred to in text, was redesignated section 230(f)(2) of the Communications Act of 1934 by Pub. L. 105–277, div. C, title XIV, § 1404(a)(2), Oct. 21, 1998, 112 Stat. 2681–739, and is classified to section 230(f)(2) of Title 47, Telecommunications.

Amendments

1996—Pub. L. 104–104, § 507(a)(1), inserted “or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)” after “carrier” in first par. Pub. L. 104–104, § 507(a)(2), in second par., inserted “or receives,” after “takes”, “or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)” after “common carrier”, and “or importation” after “carriage”. 1994—Pub. L. 103–322, in last par., substituted “fined under this title” for “fined not more than $5,000” after “Shall be” and for “fined not more than $10,000” after “and shall be”. 1971—Pub. L. 91–662 struck out “preventing conception, or” before “producing abortion”. 1958—Pub. L. 85–796 substituted “uses” for “deposits with” in opening par., “carriage of which” for “depositing of which for carriage” in penultimate par., and inserted penalty provisions for subsequent offenses in last par. 1950—Act May 27, 1950, brought within scope of section the importation or transportation of any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or think capable of producing sound.

Statutory Notes and Related Subsidiaries

Effective Date

of 1971 AmendmentAmendment by Pub. L. 91–662 effective Jan. 9, 1971, see section 7 of Pub. L. 91–662, set out as a note under section 552 of this title.

Construction

of 1996 Amendment Pub. L. 104–104, title V, § 507(c), Feb. 8, 1996, 110 Stat. 137, provided that: “The

Amendments

made by this section [amending this section and section 1465 of this title] are clarifying and shall not be interpreted to limit or repeal any prohibition contained in section 1462 and 1465 of title 18, United States Code, before such amendment, under the rule established in United States v. Alpers, 338 U.S. 680 (1950).”

Reference

Citations & Metadata

Citation

18 U.S.C. § 1462

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73