18 U.S.C. § 1737

Manufacturer of sexually related mail matter

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(a) Whoever shall print, reproduce, or manufacture any sexually related mail matter, intending or knowing that such matter will be deposited for mailing or delivery by mail in violation of section 3008 or 3010 of title 39, or in violation of any regulation of the Postal Service issued 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) As used in this section, the term “sexually related mail matter” means any matter which is within the scope of section 3008(a) or 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 substituted “fined under this title” for “fined not more than $5,000” after “section, shall be” and for “fined not more than $10,000” after “offense, 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 7 cases, 1971–1989 · leading case: United States v. Anthony Petrov, 747 F.2d 824 (2d Cir. 1984).

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United States v. Anthony Petrov, 747 F.2d 824 (2d Cir. 1984). · cites it 3× “781 (1970) (codified at 18 U.S.C. § 1737 (1982)). That statute, however, is carefully drawn in a way that does not place at risk every photo processor of a photograph later determined to be obscene.”

United States v. Wayne N. Collamore, in Re United States of Am., 868 F.2d 24 (1st Cir. 1989). “§§ 1961 (5), 1962(c) (RICO); 18 U.S.C. § 1737 (second offense of mailing pornography).”

United States v. Curtis Lee Brewer, (86-6155), James Phillip Brewer, (86-6156), Giles Erwin Ferguson, (86-6157), 853 F.2d 1319 (6th Cir. 1988). “§§ 1961 (5), 1962(c) (RICO), and 18 U.S.C. § 1737 (second offense of mailing pornography), the majority’s argument concerning the prejudicial effect of the introduction of prior felonies is not persuasive.”

United States v. Curtis Lee Brewer, (86-6155), James Phillip Brewer, (86-6156), Giles Erwin Ferguson, (86-6157), 841 F.2d 667 (6th Cir. 1988). “The three defendants, and a fourth individ *670 ual who later confessed that they were travelling to Georgia to commit a burglary, had rented a car in Nashville and were travelling through Chattanooga.”

Pent-R-Books, Inc. v. United States Postal Serv., 328 F. Supp. 297 (E.D.N.Y 1971). “The criminal penalties of 18 U.S.C. § 1737 are deemed to apply only where there has been some act knowingly in violation of the statute or regulation.”

Forrest Wayne Clicque v. United States, 514 F.2d 923 (5th Cir. 1975). “§ 1461 rather than 18 U.S.C. § 1737 . While § 1461 refers to obscene matter, § 1737 refers to “sexually related” matter.”

United States v. Treatman, 399 F. Supp. 258 (W.D. La. 1975). “§ 3010 ; and 18 U.S.C. § 1737 provides a similar criminal penalty for printing or manufacturing any sexually related mail matter knowing it will be mailed in violation of 39 U.”

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