15 and 2 "(ii) ‘adult' means a person who is not a minor; "(iii) matter that is harmful to minors' means a book, magazine, pamphlet, sheet, card, photographı, drawing, film, slide, recording or other thing constituting or containing visual, verbal or auditory material that depicts, describes or represents, in actual or simulated form, nudity, sexual conduct, or sadomasochistic behavior and which is "(A) offensive to prevailing standards in the adult community concerning what is suitable material for minors; and "(B) substantially without redeeming social value for minors. "(b) No person shall knowingly deposit in the mail, or 16 transport in interstate or foreign commerce, for delivery to 17 a minor, matter which is harmful to minors, or matter consti18 tuting or containing an advertisement therefor or information as to where or how such matter may be obtained. 19 20 "(c) If deposited in the mail or transported in inter21 state or foreign commerce for delivery to a residence in 22 which a minor permanently resides, matter which is harmful 23 to minors, or which constitutes or contains an advertisement 24 therefor or information as to where or how such mat 3 1 ter may be obtained, shall be deemed to have been de2 posited in the mail or transported in interstate or foreign 3 commerce for delivery to such minor unless contained in 4 a sealed envelope or sealed wrapper that completely con5 ceals the contents and clearly, specifically, and personally 6 addressed to an adult who resides at such residence. 7 "(d) It shall be an affirmative defense to a charge 8 of violating this section that the defendant reasonably be9 lieved that the addressee of the matter in question was 10 an adult residing at the address shown on the sealed en11 velope or sealed wrapper. Such reasonable belief may be 12 based upon receipt by the person so charged of a purchase order or other declaration which such person reason14 ably and in good faith believed to have been executed by 15 the addressee, representing such addressee to be an adult, 16 or on other evidence. 13 17 "(e) Whoever violates this section shall be fined not 18 more than $50,000, or imprisoned for not more than five 19 years, or both, for the first offense, and shall be fined 20 not more than $100,000, or imprisoned for not more than 21 ten years, or both, for a subsequent offense." 22 (2) By adding to the table of contents thereof the 23 following: "1466. Transportation or mailing of matter harmful to minors.". 1 SEC. 2. The provisions of this Act shall become ef 2 fective on the first day of the sixth month which begins 3 after the date of enactment. 91ST CONGRESS 1ST SESSION H. R. 11729 IN THE HOUSE OF REPRESENTATIVES MAY 27, 1969 Mr. VANDER JAGT introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the use of interstate facilities, including the mails, for the transportation of salacious advertising and certain materials to minors. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That chapter 71 of title 18 of the United States Code is 4 amended by adding the following new sections: 5 "8 1466. Transportation or mailing of matter harmful to 7 8 10 minors "(a) As used in this section "(i) 'minor' means a person who has not attained the age of eighteen years; "(ii) 'adult' means a person who is not a minor; and 43-337 O-70-65 1 2 3 4 5 6 7 8 9 10 11 12 14 J 2 "(iii) 'single matter that is harmful to minors' means a book, magazine, pamphlet, sheet, card, photograph, drawing, film, slide, recording or other thing constituting or containing visual, verbal or auditory material that depicts, describes or represents, in actual or simulated form, nudity, sexual conduct, or sado-masochistic behavior and which is 66 (A) offensive to prevailing standards in the adult community concerning what is suitable mate rial for minors; and "(B) substantially without redeeming social value for minors. "(b) No person shall knowingly deposit in the mail, or transport in interstate or foreign commerce, for delivery 15 to a minor, matter which is harmful to minors, or matter 16 constituting or containing an advertisement therefor or in17 formation as to, where or how such matter may be obtained. "(c) If deposited in the mail or transported in interstate or foreign commerce for delivery to a residence in which a 20 minor permanently resides, matter which is harmful to 21 minors, or which constitutes or contains an advertisement 22 therefor or information as to where or how such matter 23 may be obtained, shall be deemed to have been deposited 24 in the mail or transported in interstate or foreign commerce 25 for delivery to such minor unless contained in a sealed |