Interstate Transportation of Obscene Material (by Common Carrier) is a federal statute that prohibits the use of common carriers (e.g. mail or delivery services) to transport obscene material from one state to another. This includes the mailing, shipping, or delivery of obscene material. Types of common carriers include the United States Postal Service, FedEx, UPS, air cargo carriers, and trucking companies. It is illegal to transport obscene material through a common carrier with the intent to distribute, sell, or exhibit it in a manner that violates community standards of decency. Those found guilty of violating this statute could face up to five years in prison and/or a fine of up to $250,000.
Interstate Transportation of Obscene Material (by Common Carrier)
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US-5THCIR-CR-2-61
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Interstate Transportation of Obscene Material (by Common Carrier)
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FAQ
Examples of obscene matter include ography videos, pictures, or billboards. Possession of obscene matter can include but is not limited film, filmstrip, photograph, negative, slide, photocopy, videotape, computer hardware, computer software, data storage media.
Obscenity refers to a narrow category of ography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most ography ? material of a sexual nature that arouses many readers and viewers ? receives constitutional protection.
Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be restricted in terms of time, place, and manner, but are still protected by the First Amendment.
Obscenity Law and Minors For example, using a cartoon character or children´s television program in the domain of a website that contains harmful or obscene material may be punishable under federal law.
The Supreme Court has repeatedly grappled with problematic elements of the Miller test for obscenity. However, to date, no standard has replaced it. In 1997, Reno v. American Civil Liberties Union (?ACLU I?) addressed obscenity in the field of new media.
Obscenity is the intentional exposure of the private parts in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive.
Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene matter. Convicted offenders face fines and imprisonment.
In its ruling in Miller v. California (1973), the Supreme Court reconsidered the precedent set in Memoirs v. Massachusetts (1966), which had determined that obscene materials must be found to be "utterly without redeeming social value."