3 1 2 3 4 5 6 7 8 6 or sadomasochistic abuse and which is harmful to minors; or "(B) any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. "(4) to import with the intention of exhibiting to 10 a minor a motion picture, show, or other presentation 11 12 133 14 15 which "(A) depicts nudity, sexual conduct, or sado masochistic abuse, and "(B) is harmful to minors. "(b) Whoever violates this section shall be fined not 16 more than $50,000 or imprisoned for not more than five 17 years, or both, for the first offense, and shall be fined not 18 more than $100,000 or imprisoned for not more than ten 19 years, or both, for any second or subsequent offense. "(c) As used in this section "(1) The term 'minor' means any person under the age of eighteen years. "(2) The term 'nudity' means the showing of the human male or female genitals, pubic area, or buttocks 4 with less than a full opaque covering, the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. "(3) The term 'sexual conduct' means acts of masturbation, homosexuality, sexual intercourse, physical contact with a person's clothed or unclothed genitals, pubic area, or buttocks, or, in the case of a female, physical contact with her breast. "(4) The term 'sexual excitement' means the condition of human male or female genitals in a state of sexual stimulation or arousal. "(5) The term 'sadomasochistic abuse' means flagellation or torture by or upon a person clad in undergar ments, a mask, or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. "(6) The term 'harmful to minors' means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochitic abuse, which "(A) predominantly appeals to the prurient, shameful, or morbid interest of minors; "(B) is patently offensive to prevailing stand 1 2 3 4 5 6 8 9 10 11 12 = 23 13 5 ards in the adult community as a whole with respect to what is suitable material for minors; and "(C) is utterly without redeeming social importance for minors. “(7) The term 'knowingly' means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of "(A) the character and content of any material described in subsection (a) which is reasonably sus ceptible of examination by the defendant, and "(B) the age of the minor." (b) The table of sections for chapter 71 of title 18, 14 United States Code, is amended by adding at the end the 15 following new item: 16 "1466. Exposing minors to harmful materials." SEC. 2. The amendments made by this Act shall take 17 effect on the sixtieth day after the date of the enactment of 18 this Act. 918T CONGRESS 18T SESSION H. R. 12664 IN THE HOUSE OF REPRESENTATIVES JULY 8, 1969 Mr. SHIPLEY introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit the mailing 1 of obscene matter to minors, and for other purposes. Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That (a) chapter 71 of title 18, United States Code, is 4 amended by adding at the end thereof the following new 5 section: 6 "8 1466. Mailing obscene matter to minors 7 "(a) (1) Whoever uses the mails to sell, offer for sale, 8 deliver, distribute, or provide to a minor 9 10 11 "(A) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body, which 2 1 2 3 4 5 6 7 8 9 10 11 depicts nudity, sexual conduct, or sado-masochistic abuse, in a manner designed to primarily appeal to the viewer's prurient interests; or "(B) any book, magazine, or other printed matter however reproduced or sound recording, which depicts nudity, sexual conduct, or sado-masochistic abuse or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse, and which is designed to primarily appeal to the listener's or reader's prurient interests; 12 with knowledge of its character and content shall be fined 13 14 not more than $5,000 or imprisoned not more than five years, or both, for the first such offense, and shall be fined 15 not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter. 16 17 18 "(2) Whoever uses the mails to make an unsolicited sale, offer of sale, delivery, or distribution of any matter de19 scribed in subparagraph (A) or (B) of paragraph (1) of 20 this subsection to any person who has a minor child residing 21 with him with knowledge of its character and content shall 22 be fined not more than $5,000 or imprisoned not more than 23 five years, or both, for the first such offense, and shall be 24 fined not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter. 25 |