Title 18, Crimes and Criminal ProcedureRelease 119-110
§1462 Importation or Transportation of Obscene Matters
Title 18 › PART I — CRIMES › CHAPTER 71 — OBSCENITY › § 1462
Summary
It is a crime to bring into the United States, or use an express carrier, common carrier, or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934) to send in interstate or foreign commerce any obscene or indecent items. That includes books, pictures, films, writings, sound recordings, or other materials that are lewd or filthy; drugs or devices meant for abortion or other indecent uses; and any printed or written notice, ad, or information that tells where, how, or from whom such things can be obtained or made. It is also a crime to knowingly receive from such carriers any item that this law bans. The penalty is a fine or up to 5 years in prison, or both, for a first offense. For each later offense the penalty is a fine or up to 10 years in prison, or both.
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) 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
Whoever knowingly takes or receives, from such express company or other common carrier or interactive computer service (as defined in section 230(e)(2) 1 of the Communications Act of 1934) any matter or thing the carriage or importation of which is herein made unlawful— Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.
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 18, Crimes and Criminal Procedure
Last Updated
Sep 23, 2026
Release point: 119-110