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1 of subsection (b) of this section shall be guilty of a mis2 demeanor and liable to pay a fine of not more than $1,000, 3 if the violation consists of the mailing of unsolicited ma4 terial without the required symbol to no more than twenty5 five addressees, or to pay a fine of not more than $50,000, 6 if the violation consists of the contemporaneous mailing of 7 unsolicited material without the required symbol to more 8 than twenty-five addressees.

"(h) DEFINITIONS.-For the purposes of this section: "(1) person means natural person, corporation, or other legal entity;

"(2) potentially offensive sexual material means:

"(A) Any pictorial representation, photographic or otherwise, of uncovered adult human genital or pubic areas, of human sexual intercourse, sodomy, masturbation, or direct physical stimulation of clothed or unclothed genitalia, or of flagellation or torture indicating an erotic relationship, or any de

scription, advertisement or offer to sell such pictorial material where such description or advertisement

presents an excerpt or excerpts from or a detailed

verbal description of such material; or

"(B) Any artificial human penis or vagina or

device primarily designed physically to stimulate genitalia, or any description, advertisement or offer

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to sell or distribute such an artificial organ or device where such description or advertisement presents either a pictorial representation or a detailed verbal description of such organ or device or its manner of

use; or

"(C) Any pictorial or verbal material consisting primarily of instruction in or depictions of human sexual techniques or of detailed fictional or factual descriptions or depictions of human sexual practices, or any description, advertisement or offer to sell or distribute such materials, where such advertisement or description presents an excerpt or excerpts from such material incorporating detailed descriptions or depictions of sexual techniques or practices or presents a summary of the contents of the material describing in detail its treatment of

sexual techniques or practices:

Provided, That, material otherwise within the definition of this subsection shall not be deemed to be potentially offensive sexual material if it constitutes only a sinall and insignificant part of the whole of a single catalogue,

book or other work the remainder of which does not pri

marily treat sexual matters: And provided further, That the Postmaster General shall, from time to time,

issue regulations of general applicability exempting cer

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tain types of material, or material addressed to certain categories of addressees, such as advertisements for works

of fine art or solicitations of a medical, scientific or other similar nature addressed to a specialized audience, from

the definition of potentially offensive sexual material contained in this subsection, where the purpose of this sec

tion does not call for application of the requirements of this section.

"(i) PROHIBITION UPON USE OF SYMBOL IN PROSE10 CUTION.-The compliance by any person with the require11 ment of subsection (b) of this section shall not be used 12 against him, either as evidence of his violation of laws per13 taining to obscenity or related matters or as a reason for 14 initiating or pursuing any investigation of him for violations 15 of such laws, or in any other manner whatsoever. The pro16 hibition of this subsection shall be applicable to all law en17 forcement officers and all proceedings within the United 18 States, whether Federal, State or local."

19- SEC. 2. The table of sections for chapter 51 of title 39, 20 United States Code, is amended by adding immediately after 21 the item relating to section 4010 the following new item:

"4011. Unsolicited mailing of potentially offensive material.”

91ST CONGRESS 1ST SESSION

H. R. 13641

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 8, 1969

Mr. BROYHILL of North Carolina 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

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the transportation of certain materials to minors.

Be it enacted by the Senate and House of Representa

2 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:

5 (1) By adding a new section 1466 as follows:

6 "§ 1466. Transportation or mailing of matter harmful to

minors

"(a) As used in this section

“(1) 'minor' means a person who has not attained

the age of eighteen years;

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and

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"(ii) 'adult' means a person who is not a minor;

“(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 depicts, describes, or represents, in actual or simulated form, nudity, sexual conduct, or sado-masochistic 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

transport in interstate or foreign commerce, for delivery to

a minor, matter which is harmful to minors, or matters consti

tuting or containing an advertisement therefor or information

as to where or how such matter may be obtained.

"(C) If deposited in the mail or transported in inter

state or foreign commerce for delivery to a residence in 22 which a minor permanently resides, matter which is harmful

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to minors, or which constitutes or contains an advertisement 24 therefor or information as to where or how such matter

be obtained, shall be deemed to have been deposited