Source
(June 25, 1948, ch. 645, 62 Stat. 768; May 27, 1950, ch. 214, § 1, 64 Stat. 194; Pub. L. 85–796, § 2, Aug. 28, 1958, 72 Stat. 962; Pub. L. 91–662, § 4, Jan. 8, 1971, 84 Stat. 1973; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–104, title V, § 507(a), Feb. 8, 1996, 110 Stat. 137.)
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.
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, Telegraphs, Telephones, and Radiotelegraphs.
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.
Effective Date of 1971 Amendment
Amendment 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
Section 507(c) of
Pub. L. 104–104 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 sections
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).”