1 2 3 4 5 6 7 8 4 "(A) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and "(B) the age of the minor, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor." 9 (b) The table of sections for chapter 71 of such title 10 is amended by adding at the end thereof the following new 11 item: "1466. Transportation or mailing of matter harmful to minors." 918T CONGRESS 1ST SESSION H. R. 14404 IN THE HOUSE OF REPRESENTATIVES OCTOBER 20, 1969 Mr. BoGGs 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 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 "(i) 'minor' means a person who has not attained age of 18 years; 2 1 2 3: 4 5 6 7 8 9 10 11 12 13 14 15 16 and “(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 consti tuting or containing visual, verbal, or auditory material that depicts, describes, or represents, in actual or sinulated 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 transport in interstate or foreign commerce, for delivery 17 to a minor, matter which is harmful to minors, or matter 18 constituting or containing an advertisement therefor or in19 formation 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 which a minor permanently resides, matter which is harm23 ful to minors, or which constitutes or contains an advertise 24 25 ment therefor or information as to where or how such matter may be obtained, shall be deemed to have been 3 1 deposited in the mail or transported in interstate or foreign 2 commerce for delivery to such minor unless contained in 3 a sealed envelope or sealed wrapper that completely con4 ceals the contents and clearly, specifically, and personally 5 addressed 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 other 12 declaration which such person reasonably and in good faith 13 believed to have been executed by the addressee, represent14 ing such addressee to be an adult, or on other evidence. "(e) Whoever violates this section shall be fined not more than $50,000, or imprisoned for not more than five 17 years, or both, for the first offense, and shall be fined not 15 18 more than $100,000, or imprisoned for not more than ten 19 years, or both, for a subsequent offense." 20 (2) By adding to the table of contents thereof the 21 following: 22 "1466. Transportation or mailing of matter harmful to minors.". SEC. 2. The provisions of this Act shall become effec23 tive on the first day of the sixth month which begins after 24 the date of enactment. 918T CONGRESS 1ST SESSION H. R. 14624 IN THE HOUSE OF REPRESENTATIVES OCTOBER 31, 1969 Mr. BURLESON of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18 and title 28 of the United States Code with respect to the trial and review of criminal actions involving obscenity, 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, title 18, United States Code, is 4 amended by adding at the end thereof the following new 5 section: 6 ❝8 1466. Determinations of fact 7 "In every criminal action arising under this chapter or 8 under any other statute of the United States determination of 9 the question whether any article, matter, thing, device, or 10 substance is in fact obscene, lewd, lascivious, indecent. vile. |