U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 71— OBSCENITY

18 U.S.C. § 1460

Possession with intent to sell, and sale, of obscene matter on Federal property

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(a) Whoever, either—(1) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States; or(2) in the Indian country as defined in section 1151 of this title,knowingly sells or possesses with intent to sell an obscene visual depiction shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both.(b) For the purposes of this section, the term “visual depiction” includes undeveloped film and videotape but does not include mere words.(Added Pub. L. 100–690, title VII, § 7526(a), Nov. 18, 1988, 102 Stat. 4503; amended Pub. L. 101–647, title III, § 323(c), Nov. 29, 1990, 104 Stat. 4819.)Editorial NotesAmendments

1990—Subsec. (a). Pub. L. 101–647, § 323(c)(1), struck out “or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct,” after “visual depiction” in concluding provisions.

Subsec. (b). Pub. L. 101–647, § 323(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purposes of this section—

“(1) the term ‘visual depiction’ includes undeveloped film and videotape but does not include mere words; and

“(2) the terms ‘minor’ and ‘sexually explicit conduct’ have the meaning given those terms in chapter 110 of this title.”

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1989–2021 · leading case: United States v. Thomas Schopp, 938 F.3d 1053 (9th Cir. 2019).
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United States v. Thomas Schopp, 938 F.3d 1053 (9th Cir. 2019). · cites it 2× “See 18 U.S.C. §§ 1460–1470 (concerning federal obscenity offenses); 18 U.”
Am. Civil Liberties Union v. Gonzales, 237 F.R.D. 120 (E.D. Pa. 2006). · cites it 5× “§ 231 , including, but not limited to, information concerning content determined to be obscene or not to be obscene under such laws and rationale for that conclusion; content determined to be harmful to minors or not to be harmful to minors under such laws and rationale for that…”
United States v. Gallenardo, 579 F.3d 1076 (9th Cir. 2009). “71, 18 U.S.C. § 1460 (possession of obscene matter on federal property); chap.”
Am. Library Ass'n, Inc. v. United States, 201 F. Supp. 2d 401 (E.D. Pa. 2002). “CIPA defines material that is “harmful to minors” as: any picture, image, graphic image file, or other visual depiction that — (i) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in…”
United States v. Brown, 529 F.3d 1260 (10th Cir. 2008). “], chapter 71 [ 18 U.S.C. §§ 1460 et seq.], chapter 109A [ 18 U.”
Kathleen L. Eckstein, Adm'x of the Est. of Harry J. Eckstein, Jr. v. Kenneth E. Melson, 18 F.3d 1181 (4th Cir. 1994). · cites it 2× “Eckstein alleges that the federal obscenity statute, 18 U.S.C. § 1460 et seq., particularly 18 U.”
Am. Library Ass'n v. Thornburgh, 713 F. Supp. 469 (D.D.C. 1989). “7526, 18 U.S.C. § 1460 ), restricting “dial-a-pom” businesses and criminalizing violations of these restrictions (sec.”
Eckstein v. Cullen, 803 F. Supp. 1107 (E.D. Va. 1992). · cites it 2× “On Friday, April 24, 1992, a team of seven Federal Bureau of Investigation (“FBI”) agents interrupted business at the Book N’ Card bookstore in Falls Church, Virginia, at approximately 12:00 noon, one of the store’s busiest times, to execute a search warrant for materials…”
United States v. Whorley, 386 F. Supp. 2d 693 (E.D. Va. 2005). “” In fact, the Fourth Circuit has specifically held the Miller standard to be constitutionally sufficient to provide fair notice in the context of 18 U.S.C. § 1460 , et seq. Eckstein, 18 F.”
Am. Library Ass'n v. Barr, 794 F. Supp. 412 (D.D.C. 1992). “§ 1466 , criminalizing possession with intent to distribute child pornography on government property, 18 U.S.C. § 1460 , applying RICO to child pornography, 18 U.”
Richards 641715 v. Whitmer (W.D. Mich. 2021). “Plaintiff asks that the Court issue declaratory judgments finding 18 U.S.C. §§ 1460–1470 and 2250–2260 constitutionally invalid.”
United States v. Lockhart (2d Cir. 2014). “See 18 U.S.C. §§ 1460–1470 (Chapter 71, offenses relating to obscene matter, materials or language); 18 U.”
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