3' 1 envelope or sealed wrapper that completely conceals the 2 3 4 contents and clearly, specifically, and personally addressed to an adult who resides at such residence. "(d) It shall be an affirmative defense to a charge 5 of violating this section that the defendant reasonably be 6 lieved that the addressee of the matter in question was an 7 adult residing at the address shown on the sealed envelope 8 or sealed wrapper. Such reasonable belief may be based upon 9 receipt by the person so charged of a purchase order or other 10 declaration which such person reasonably and in good faith 11 believed to have been executed by the addressee, representing 12 such addressee to be an adult, or on other evidence. 13 14 15 "(e) Whoever violates this section shall be fined not more than $50,000, or imprisoned for not more than five years, or both, for the first offense, and shall be fined not more 16 than $100,000, or imprisoned for not more than ten years, 17 or both, for a subsequent offense." 18 "§ 1467. Transportation of salacious advertising 19 20 port "No person shall knowingly deposit in the mail, or trans in interstate or foreign commerce, an advertisement or 21 solicitation designed or intended to appeal to a prurient 22 interest in sex. 23 "Whoever violates this section shall be fined not more 24 than $50,000, or imprisoned not more than five years, or 25 both, for the first offense, and shall be fined not more than 1 $100,000, or imprisoned not more than ten years, or both, for 2 a subsequent offense." 3 SEC. 2. The table of sections of chapter 71 of title 18 4 of the United States Code is amended by adding at the end 5 thereof the following: 6 7 "1466. Transportation or mailing of matter harmful to minors. “1467. Transportation of salacious advertising.” SEC. 3. The provisions of this Act shall become effective on the first day of the sixth month which begins after the 8 date of enactment, 91ST CONGRESS 1ST SESSION H. R. 11742 IN THE HOUSE OF REPRESENTATIVES MAY 28, 1969 Mr. BYRNES of Wisconsin 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 certain materials to minors. 1 Be it enacted by the Senate and House of Representa2 lives of the United States of America in Congress assembled, 3 That chapter 71 of title 18 of the United States Code is 4 amended: 5 (1) By adding a new section 1466 as follows: 6 "8 1466. Transportation or mailing of matter harmful to 7 8 9 10 minors "(a) As used in this section "(i) 'minor' means a person who has not attained the age of eighteen years; 1 2 3 5 6 and 2 "(ii) 'adult' means a person who is not a minor; 66 (iii) 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 7 depicts, describes or represents, in actual or simulated 15 form, nudity, sexual conduct, or sado-masochistic be havior 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 19 as to where or how such matter may be obtained. 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 3 1 therefor or information as to where or how such matter 2 may be obtained, shall be deemed to have been deposited 3 in the mail or transported in interstate or foreign com 4 merce for delivery to such minor unless contained in a 5 sealed envelope or sealed wrapper that completely conceals 6 the contents and clearly, specifically, and personally ad7 dressed to an adult who resides at such residence. 12 8 "(d) It shall be an affirmative defense to a charge 9 of violating this section that the defendant reasonably be10 lieved that the addressee of the matter in question was an 11 adult residing at the address shown on the sealed envelope or sealed wrapper. Such reasonable belief may be based 13 upon receipt by the person so charged of a purchase order 14 or other declaration which such person reasonably and in 15 good faith believed to have been executed by the addressee, 16 representing such addressee to be an adult, or on other 17 evidence. 18 "(e) Whoever violates this section shall be fined not 19 more than $50,000, or imprisoned for not more than five 20 years, or both, for the first offense, and shall be fined not more than $100,000, or imprisoned for not more than ten 22 years, or both, for a subsequent offense." |