“A bill to define "obscenity" for purposes of the Communications Act of 1934, and for other purposes.”
No CRS summary available for this bill.
This section establishes in the Communications Act of 1934 (47 U.S.C. 153) a definition of "obscene" or "obscenity" applicable to visual depictions (i.e., pictures, images, graphic image files, films, videotapes, or other visual depictions) that, taken as a whole, (i) appeal to the prurient interest in nudity, sex, or excretion; (ii) depict or represent actual or simulated sexual acts or sexual contact or lewd exhibition of the genitals, with objective intent to arouse, titillate, or gratify sexual desires; and (iii) lack serious literary, artistic, political, or scientific value—incorporating the meanings of "sexual act" (e.g., penile penetration of vulva or anus however slight; oral-genital contact; manual or object penetration of anal or genital opening; intentional non-clothed touching of genitalia of person under age 16) and "sexual contact" (i.e., intentional touching of genitalia, anus, groin, breast, inner thigh, or buttocks) from 18 U.S.C. 2246. It makes a conforming amendment to 47 U.S.C. 271(c)(1)(A) to update a cross-reference from "section 3(47)(A)" to "section 3(55)(A)". This section further amends the prohibition in 47 U.S.C. 223(a)(1)(A) on obscene or harassing telephone calls in interstate or foreign communications by striking ", with intent to abuse, threaten, or harass another person" from the matter following clause (ii). (Thus, removing the requirement to prove such intent for repeated obscene calls to the same person.)