91ST 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 of obscene matter to minors, and for other purposes. 1 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 not more than $5,000 or imprisoned not more than five 14 15 16 17 18 years, or both, for the first such offense, and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter. "(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 25 ten years, or both, for each such offense thereafter. 2 3 3 "(3) For purposes of paragraph (1) of this subsection: “(A) The term "minor" means any person under the age of sixteen years. “(B) The term 'audity' shall mean the showing of the 5 kuman male or female genitals, exposed pubic area or the 6 depiction of covered male genitals in a discernibly turgid 7 state; 8 (C) The term "sexual conduct' shall mean explicit acts 9 of sodomy, masturbation, homosexuality, sexual intercourse, 10 or physical contact with a person's clothed or unclothed 11 genitals, or pubic area. 12 15 "(D) The term 'sexual excitement' includes the condi13 tion of human male or female genitals when in a state of 14 sexual stimulation or arousal and male or female orgasm. "(E) The term 'sado-masochistic abuse' shall mean 16 flagellation, torture, or infliction of personal physical harm, 17 by or upon a person clad in undergarments or bizarre costume 18 which exposes the buttocks, genitals, or if-participant is 19 female, the breast in the condition of being fettered, bound 20 or otherwise physically restrained on the part of one so 21 clothed. "(F) The term 'child' includes a natural child, step23 child, adopted child, and a child who is a ward of, or in 24 custody of, the addressee or who is living with such addressee 25 in a regular parent-child relationship. 1 "(b) It shall be an affirmative defense to a charge of 2 violating subsection (a) (1) of this section if the person 3 charged shows that he was in receipt of a certificate or 4 affidavit (executed in such form as the Attorney General 5 shall by regulation prescribe) that the person to whom the 6 sale, delivery, distribution, or provision was made was 7 over sixteen years of age." 8 (b) The table of sections of such chapter is amended by 9 adding at the end the following new item: 10 "1466. Mailing obscene matter to minors." SEC. 2. Section 4001 of title 39, United States Code, is 11 amended by inserting "1466," immediately after “1463,”. 91ST CONGRESS 1ST SESSION H. R. 12742 IN THE HOUSE OF REPRESENTATIVES JULY 10, 1969 Mr. KAZEN introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the dissemination through interstate commerce or the mails of materials harmful to persons under the age of eighteen years, and to restrict the exhibition of movies or other presentations harmful to such persons. 1 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 the following new section: 5 "§ 1466. Exposing minors to harmful materials 6 7 8 9 "(a) It shall be unlawful for any person knowingly "(1) to sell, offer for sale, loan, or deliver in inter state commerce or through the mails to any minor "(A) any picture, photograph, drawing, sculp |