U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 83— POSTAL SERVICE

18 U.S.C. § 1735

Sexually oriented advertisements

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(a) Whoever—(1) willfully uses the mails for the mailing, carriage in the mails, or delivery of any sexually oriented advertisement in violation of section 3010 of title 39, or willfully violates any regulations of the Board of Governors issued under such section; or(2) sells, leases, rents, lends, exchanges, or licenses the use of, or, except for the purpose expressly authorized by section 3010 of title 39, uses a mailing list maintained by the Board of Governors under such section;shall be fined under this title or imprisoned not more than five years, or both, for the first offense, and shall be fined under this title or imprisoned not more than ten years, or both, for any second or subsequent offense.(b) For the purposes of this section, the term “sexually oriented advertisement” shall have the same meaning as given it in section 3010(d) of title 39.(Added Pub. L. 91–375, § 6(j)(37)(A), Aug. 12, 1970, 84 Stat. 781; amended Pub. L. 103–322, title XXXIII, § 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)Editorial NotesAmendments

1994—Subsec. (a). Pub. L. 103–322, in concluding provisions, substituted “fined under this title” for “fined not more than $5,000” after “shall be” and for “fined not more than $10,000” after “and shall be”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on first day of sixth month which begins after Aug. 12, 1970, see section 15(b) of Pub. L. 91–375, set out as a note preceding section 101 of Title 39, Postal Service.

Notes of Decisions
Cited in 6 cases, 1971–1989 · leading case: Pent-R-Books, Inc. v. United States Postal Serv., 328 F. Supp. 297 (E.D.N.Y 1971).
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Pent-R-Books, Inc. v. United States Postal Serv., 328 F. Supp. 297 (E.D.N.Y 1971). · cites it 4× “Criminal prosecution for violations of the Goldwater amendment is authorized in 18 U.S.C. §§ 1735 and 1737, which are also part of Pub.”
United States v. Toushin, 714 F. Supp. 1452 (M.D. Tenn. 1989). · cites it 13× “18 U.S.C. § 1735 makes criminal a “willful” violation of 39 U.”
United States v. Germain, 411 F. Supp. 719 (S.D. Ohio 1975). · cites it 2× “§ 3010 and 18 U.S.C. §§ 1735 and 1737. In an affidavit submitted in support of the motion, defendants’ counsel states that the above information is necessary in order to ascertain whether the grand jury was advised as to the appropriate standards for obscenity and whether any…”
United States v. Treatman, 399 F. Supp. 258 (W.D. La. 1975). · cites it 3× “…advertisements, failed to state an offense under 18 U.S. C. § 1461, as obscene advertising is governed exclusively by 18 U.S.C. §§ 1735 , 1737 and 39 U.S.C. §§ 3010 , 3011; 3) That 18 U.S.C. § 1461 , as applied to this case, allows impermissible forum shopping by federal…”
United States v. Treatman, 408 F. Supp. 944 (C.D. Cal. 1976). “See 18 U.S.C. §§ 1735 , 1737. These criminal provisions are not in issue in the instant cases.”
Constitutionality of Legislation Prohibiting the Mailing of Sexually Oriented Advertisements (OLC 1984). · cites it 2× “The penalty for violation of this provision under the proposed amendments to 18 U.S.C. § 1735 would be a fine in an amount “not less than $50,000, nor more than $100,000.”
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