Citizen's Guide to United States
Federal Exploitation and Obscenity Laws

Obscenity

Federal law prohibits the distribution of obscenity. More specifically, it is a crime to mail or receive obscene materials, or to import or transport obscene materials across state lines, including by computer. See 18 U.S.C. §§ 1461, 1462, 1463. It is also illegal to transport obscene materials for sale or distribution, or to engage in the business of selling obscene materials. See 18 U.S.C. §§ 1465, 1466. If on federal property, it is a crime to possess obscenity with the intent to sell it. See 18 U.S.C. § 1460. With that exception, it is generally not a crime to possess obscenity for private use. Thus, while possession of child pornography is a crime, possession of obscenity is not.

There are also federal laws that specifically criminalize directing obscenity toward minors. Federal law prohibits a person from using the mail or any other means of interstate commerce, including a computer, to knowingly transfer obscene materials to someone the person knows is under 16 years of age. See 18 U.S.C. § 1470. For example, it would be a crime to send through email an obscene picture to a 15-year-old. A new law also prohibits the use of Internet domain names with the intent to mislead a minor into viewing harmful material or mislead a person into viewing obscenity. See 18 U.S.C. § 2252B. For example, a pornographic web site cannot use a domain name suggestive of a cartoon character or children's television show, as this would likely mislead a minor into viewing harmful material.

The United States Supreme Court established a test that juries use to determine whether material is obscene. Under this test, something is obscene if the average person would find that the work, taken as a whole, appeals to the prurient interest, is patently offensive in light of contemporary community standards, and lacks serious literary, artistic, political or scientific value. Because the test for obscenity incorporates the views of the community evaluating the material, something may be considered obscene in one jurisdiction that may not be considered obscene in another jurisdiction.

U.S. Department of Justice, Criminal Division ° Child Exploitation and Obscenity Section (CEOS)
1400 New York Avenue, 6th Floor ° Washington, D.C. 20530

Legal Policies | Privacy Policy | Criminal Division Home Page | DOJ Home Page