PRIA, Government Policy, Made Personal

Summary

Sending sexually oriented ads through the mail that break postal law or Board rules, or wrongly selling or using a mailing list the Board keeps, is a crime. A first offense can bring a fine or up to 5 years in prison (or both); a second or later offense can bring a fine or up to 10 years (or both). 'Sexually oriented advertisement' means what the postal law says.

Title 18, §1735

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Whoever—

(1)willfully uses the mails for the mailing, carriage in the mails, or delivery of any sexually oriented advertisement in violation of section 3010 of title 39, or willfully violates any regulations of the Board of Governors issued under such section; or

(2)sells, leases, rents, lends, exchanges, or licenses the use of, or, except for the purpose expressly authorized by section 3010 of title 39, uses a mailing list maintained by the Board of Governors under such section;

shall be fined under this title or imprisoned not more than five years, or both, for the first offense, and shall be fined under this title or imprisoned not more than ten years, or both, for any second or subsequent offense.

(b)For the purposes of this section, the term “sexually oriented advertisement” shall have the same meaning as given it in section 3010(d) of title 39.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–322, in concluding provisions, 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”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of sixth month which begins after Aug. 12, 1970, see section 15(b) of Pub. L. 91–375, set out as a note preceding section 101 of Title 39, Postal Service.

§1735 Sexually Oriented Advertisements