HR3297119th CongressWALLET

Interstate Obscenity Definition Act

Sponsored By: Representative Miller, Mary E. [R-IL-15]

Introduced

Summary

A new statutory definition of 'obscene' for visual depictions under the Communications Act. The bill would also remove the requirement that interstate or District of Columbia obscene or harassing calls be made with an intent to abuse, threaten, or harass.

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  • Content creators and distributors: Changes what counts as "obscene" for pictures, images, films and other visual depictions. The test has three parts: prurient appeal, depiction of sexual acts with an objective intent to arouse, and lack of serious literary, artistic, political, or scientific value.
  • Call recipients: Removes the intent-to-abuse, threaten, or harass requirement for obscene or harassing telephone calls in the District of Columbia and in interstate or foreign communications, affecting how those calls can be charged.
  • Telecom companies and agencies: Renumbers and updates cross-references in the Communications Act so obscenity rules and citations align with the new definition.
  • Courts and prosecutors: Links the terms "sexual act" and "sexual contact" to their meanings in 18 U.S.C. 2246, which will guide legal interpretation in related cases.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New obscenity rules for calls and media

This bill would set a clear legal test for when pictures or videos are obscene under the Communications Act. It would use a three-part test about prurient appeal, sexual acts or lewd genitals meant to arouse, and lack of serious value. It would use federal definitions for “sexual act” and “sexual contact.” The bill would also remove the words that require intent to abuse, threaten, or harass from the rule on obscene or harassing interstate or foreign calls and calls in D.C. If enacted, this could make it easier to bring cases against some callers, broadcasters, platforms, and content creators, while giving more protection to people who get obscene communications. Cross-references in the law would be updated. Changes would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Miller, Mary E. [R-IL-15]

IL • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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