sealed envelope or sealed wrapper that completely conceals the contents and clearly, specifically, and personally ad- dressed to an adult who resides at such residence. 6 “(d) It shall be an affirmative defense to a charge of 7 violating this section that the defendant reasonably believed 8 that the addressee of the matter in question was an adult 9 residing at the address shown on the sealed envelope or 10 sealed wrapper. Such reasonable belief may be based upon 11 receipt by the person so charged of a purchase order or 12 other declaration which such person reasonably and in good 13 faith believed to have been executed by the addressee, repre- 14 senting such addressee to be an adult, or on other evidence. "(e) 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 "1466. Transportation or mailing of matter harmful to minors.". SEC. 2. The provisions of this Act shall become effective 23 on the first day of the sixth month which begins after the 91ST CONGRESS 1ST SESSION H. R. 13642 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 the transportation of salacious advertising. 1 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 by adding a new section 1467 as follows: 5 " 1467. Transportation of salacious advertising 6 "No person shall knowingly deposit in the mail, or 7 transport in interstate or foreign commerce, an advertise8 ment or solicitation designed or intended to appeal to a 9 prurient interest in sex. 10 "Whoever violates this section shall be fined not more 11 than $50,000, or imprisoned not more than five years, or 2 3 1 ous, indecent, vile, or filthy article, matter, thing, device, 2 or substance, no court of the United States shall have juris3 diction to review, reverse, or set aside a determination made 4 by a court of such State on the question whether such article, 5 matter, thing, device, or substance is in fact obscene, lewd, 6 lascivious, indecent, vile, or filthy." 7 (b) The analysis of title 28, United States Code, pre8 ceding part I thereof is amended by adding at the end thereof 9 the following new item: 10 "176. Actions involving obscenity-. 3001". (c) The chapter analysis of part VI, title 28, United 11 States Code, is amended by adding at the end thereof the 12 following new item: "176. Actions involving obscenity. 3001". 2 1 or filthy shall be made by the jury, without comment by the 2 court upon the weight of the evidence relevant to that ques 3 tion, unless the defendant has waived trial by jury." 4 (b) The section analysis of that chapter is amended by 5 inserting at the end thereof the following new item: 6 "1466. Determinations of fact.". SEC. 2. (a) Title 28, United States Code, is amended 7 by adding at the end thereof the following new chapter: 8 "Chapter 176.-ACTIONS INVOLVING OBSCENITY "Sec. "3001. Judicial review. 9 "§ 3001. Judicial review 10 "(a) In any criminal action arising under any statute 11 of the United States for the prosecution of any person for 12 the possession, sale, dissemination, or use of any obscene, 13 lewd, lascivious, indecent, vile, or filthy article, matter, thing, 14 device, or substance, no court of the United States or of the 15 District of Columbia shall have jurisdiction to review, reverse, 16 or set aside a determination made by a jury on the question 17 whether such article, matter, thing, device, or substance is 18 in fact obscene, lewd, lascivious, indecent, vile, or filthy. 19 "(b) In any criminal action arising under any statute 20 of any State or under any law of any political subdivision 21 of any State for the prosecution of any person for the posses22 sion, sale, dissemination, or use of any obscene, lewd, lascivi |