Chapter CCLVIII. for the Suppression of Trade in, and Circulation of, obscene Literature and Articles of immoral Use
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CHAP. CCLVIII.— An Act for the Suppression of Trade in, and Circulation of, obscene Literature and Articles of immoral Use.March 3, 1873. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatPenalty for, in any place within the exclusive jurisdiction of the United States, selling or possessing obscene books, pictures. &c.; whoever, within the District of Columbia or any of the Territories of the United States, or other place within the exclusive jurisdiction of the United States, shall sell, or lend, or give away, or in any manner exhibit, or shall offer to sell, or to lend, or to give away, or in any manner to exhibit, or shall otherwise publish or offer to publish in any manner, or shall have in his possession, for any such purpose’ or purposes, any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing or other representation, figure, or image on or of paper or other material,or drugs, &c., for preventing conception or causing abortion;or advertising or making the same. or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion, or shall advertize the same for sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind, stating when, where, how, or of whom, orFORTY-SECOND CONGRESS.
Sess. III. Ch. 258. 1873.599 by what means, any of the articles in this section hereinbefore mentioned, can be purchased or obtained, or shall manufacture, draw, or print, or in any wise make any of such articles, shall he deemed guilty of a misde meaner, and, on conviction thereof in any court of the United States having criminal jurisdiction in the District of Columbia, or in any Territory or place within the exclusive jurisdiction of the United States, where such misdemeanor shall have been committed; and on conviction thereof, he shall be imprisoned at hard labor in the penitentiary for not less than sixImprisonment and fine. months nor more than five years for each offense, or fined not less than one hundred dollars nor more than two thousand dollars, with costs of court.
Sec. 2. ThatAmendment of 1872, ch. 335, § 148.*Ante,* p. 302. section one hundred and forty-eight of the act to revise, consol Mate, and amend the statutes relating to the Post-office Department, approved June eighth, eighteen hundred and seventy-two, be amended to read as follows: " “Sec. 148. ThatObscene, &c., books, envelopes, postal-cards, &c., or articles designed to prevent conception, &c., not to be carried in the mails. no obscene, lewd, or lascivious book, pamphlet, picture, paper, print, or other publication of an indecent character, or any article or thing designed or intended for the prevention of conception or procuring of abortion, nor any article or tiling intended or adapted for any indecent or immoral use or nature, nor any written or printed card, circular, book, pamphlet, advertisement or notice of any kind giving information, directly or indirectly, where, or how, or of whom, or by what means either of the things before mentioned may be obtained or made, nor any letter upon the envelope of which, or postal-card upon which indecent or scurrilous epithets may be written or printed, shall be carried in the mail, and any person who shall knowingly deposit, or cause to be deposited,Penalty for knowingly depositing such articles in the mails. for mailing or delivery, any of the hereinbefore-mentioned articles or things, or any notice, or paper containing any advertisement relating to the aforesaid articles or things, and any person who, in pursuance of any plan or scheme for disposing of any of the hereinbefore-mentioned articles or things, shall take, or cause to be taken, from the mail any such letter or package, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall, for every offense, be fined not less than one hundred dollars nor more than five thousand dollars, or imprisoned at hard labor not less than one year nor more than teu years, or both, in the discretion of the judge.
” " Sec. 3. ThatObscene books, &c., not to be imported; all persons are prohibited from importing into the United States, from any foreign country, any of the hereinbeforementioned articles or things, except the drugs hereinbeforementioned when imported in bulk, and not put up for any of the purposes before mentioned;to be detained if in course of importation. and all such prohibited articles in the course of importation shall be detained by the officer of customs, and proceedings taken against the same under section five of this act.
Sec. 4. ThatPenalty upon officers, &c., of the government for knowingly aiding in the violation of this act. whoever, being an officer, agent, or employee of the government of the United States, shall knowingly aid or abet any person engaged in any violation of this act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall, for every offense, be punished as provided in section two of this act. Sec. 5. ThatThe judge of any district or circuit court may issue warrant to search for and seize obscene books, &c., upon complaint and proof. any judge of any district or circuit court of the United States, within the proper district, before whom complaint in writing of any violation of this act shall be made, to the satisfaction of such judge, and founded on knowledge or belief, and, if upon belief, setting forth the grounds oi such belief, and supported by oath or affirmation of the complainant, may issue, conformably to the Constitution, a warrant directed to the marshal, or any deputy marshal, in the proper district, directing him to search for, seize, and take possession of any such article or thing hereinbefore mentioned, and to make due and immediate return thereof, to the end that the same may be condemned and destroyed by proceedings, which shall be conducted in the same manner as other proceedings in case of600FORTY-SECOND CONGRESS.
Sess. III. Ch. 259, 260. 1873. municipal seizure, and with the same right of appeal or writ of error:Section 148 not repealed, and prosecutions under it not affected hereby. *Provided,* That nothing in this section shall be construed as repealing the one hundred and forty-eighth section of the act of which this act is amendatory, or to affect any indictments heretofore found for offenses against the same, but the said indictments may be prosecuted to judgment as if this section Lui not been enacted.
Approved, March 3, 1873.