3 “(1) The term 'minor' means any person under the age of eighteen years. "(2) The term 'nudity' means the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. "(3) The term 'sexual conduct' means acts of masturbation, homosexuality, sexual intercourse, physical contact with a person's clothed or unclothed genitals, pubic area, or buttocks, or, in the case of a female, physical contact with her breast. "(4) The term 'sexual excitement' means the condition of human male or female genitals in a state of sexual stimulation or arousal. "(5) The term 'sado-masochistic abuse' means flagellation or torture by or upon a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound, or otherwise physically re strained on the part of one so clothed. "(6) The term 'harmful to minors' means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, which 1 2 3 4 5 6 7 བ 8 9 10 11 12 13 14 15 16 17 18 4 "(A) predominantly appeals to the prurient, shameful, or morbid interest of minors; "(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and "(C) is utterly without redeeming social importance for minors. "(7) The term 'knowingly' means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of "(A) the character and content of any material described in subsection (a) which is reasonably susceptible of examination by the defendant, and "(B) the age of the minor." (b) The table of sections for chapter 71 of title 18, 19 United States Code, is amended by adding at the end the "1466. Exposing minors to harmful materials." SEC. 2. (a) The Supreme Court shall not have juris22 diction under section 1252 or 1253 of title 28, United States 23 Code, to review any determination made under section 1466 5 1 of title 18, United States Code, that any material described 2 in subsection (a) of that section is harmful to minors. 3 (b) The courts of appeals shall not have jurisdiction 4 under section 1291 or 1292 of title 28, United States Code, to review any determination made under section 1466 of 6 title 18, United States Code, that any material described in 7 subsection (a) of that section is harmful to minors. 8 SEO. 3. This Act and the amendments made by this Act 9 shall take effect on the sixtieth day after the date of the 10 enactment of this Act. 91ST CONGRESS 2D SESSION H. R. 15554 IN THE HOUSE OF REPRESENTATIVES JANUARY 27, 1970 Mr. LATTA 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 9 of the question whether any article, matter, thing, device, or 10 substance is in fact obscene, lewd, lascivious, indecent, vile, 2 1 or filthy shall be made by the jury, without comment by 2 the court upon the weight of the evidence relevant to that 3 question, 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: "Chapter 176.-ACTIONS INVOLVING OBSCENITY "Sec. "3001. Judicial review. 9 "§ 3001. Judicial review 10 11 "(a) In any criminal action arising under any statute 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, 14 thing, device, or substance, no court of the United States. 15 or of the District of Columbia shall have jurisdiction to 16 review, reverse, or set aside a determination made by a 17 jury on the question whether such article, matter, thing, 18 device, or substance is in fact obscene, lewd, lascivious, 19 indecent, vile, or filthy. 20 "(b) In any criminal action arising under any statute 21 of any State or under any law of any political subdivision 22 of any State for the prosecution of any person for the posses23 sion, sale, dissemination, or use of any obscene, lewd, lascivi |