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Interstate Transportation of Obscene Material (for Purpose of Sale or Distribution)

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US-JURY-11THCIR-O57-CR
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Interstate Transportation of Obscene Material (for Purpose of Sale or Distribution) refers to the illegal transportation of obscene material across state lines, with the intent to sell or distribute it. This includes any material that is considered "obscene" under the law, which includes any material that is considered to be pornographic, lewd, lascivious, indecent, or patently offensive. There are two main types of Interstate Transportation of Obscene Material (for Purpose of Sale or Distribution): physical transportation and digital transportation. Physical transportation involves the actual transportation of obscene material across state lines, such as in the form of books, magazines, films, photographs, and other physical media. Digital transportation involves the transmission of obscene material through the use of electronic means, such as through email, websites, or other online platforms. Interstate Transportation of Obscene Material is a federal criminal offense and is punishable by a fine, up to five years in prison, or both. It is important to note that the intent to sell or distribute the material is a key component of this offense, and anyone found to be in possession of obscene material with the intent to sell or distribute it can be prosecuted.

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FAQ

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.

Under 18 U.S.C. Section 1464, ?whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.? Under 18 U.S.C.

Section 1470 of Title 18, United States Code, prohibits any individual from knowingly transferring or attempting to transfer obscene matter using the U.S. mail or any means or facility of interstate or foreign commerce to a minor under 16 years of age.

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.

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.

§1466A. Obscene visual representations of the sexual abuse of children. (B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.

The three-part test asked whether the average person, applying contemporary community standards, would find the work appeals on the whole to prurient interests; describes sexual conduct in a patently offensive way; and lacks any serious literary, artistic, political or scientific value.

More info

Section 1465 of Title 18 prohibits anyone from knowingly transporting in interstate or foreign commerce or interactive computer service any obscene book, pamphlet, picture, film, or phonograph recording, for the purpose of sale or distribution. Transportation of obscene matters for sale or distribution.Transports or travels in interstate or foreign commerce for the purpose of sale or distribution of obscene material (writing, film, or recording), OR Production and transportation of obscene matters for sale or distribution; § 1466. Section 1462 prohibits the knowing use of a common carrier for transportation of obscene matter in interstate commerce. Obscenity prosecutions do, however, impose contemporary community standards, even though a distributor may transport materials to various communities. 18 U.S.C. § 1465 – Transportation of obscene matters for sale or distribution. Section 1462 generally prohibits the importation or transportation of obscene matter. 18 U.S.C. 1462 Importation or use of a common carrier to transport obscene matter and use of computer to distribute obscene material;. Federal statute that criminalizes the knowing production and transportation of obscene matter for sale or distribution in interstate or foreign commerce.

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Interstate Transportation of Obscene Material (for Purpose of Sale or Distribution)