[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4571 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4571
To define ``obscenity'' for purposes of the Communications Act of 1934,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2024
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To define ``obscenity'' for purposes of the Communications Act of 1934,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Obscenity Definition
Act''.
SEC. 2. DEFINING OBSCENITY.
(a) Definition.--
(1) In general.--Section 3 of the Communications Act of
1934 (47 U.S.C. 153) is amended--
(A) by redesignating paragraphs (38) through (59)
as paragraphs (39) through (60), respectively; and
(B) by inserting after paragraph (37) the
following:
``(38) Obscene; obscenity.--
``(A) In general.--The term `obscene' or
`obscenity', when used in a manner or context that
explicitly refers to, or could apply to, a picture,
image, graphic image file, film, videotape, or other
visual depiction, includes a picture, image, graphic
image file, film, videotape, or other visual depiction
that--
``(i) taken as a whole, appeals to the
prurient interest in nudity, sex, or excretion;
``(ii) depicts, describes, or represents,
an actual or simulated sexual act or sexual
contact, actual or simulated normal or
perverted sexual acts, or lewd exhibition of
the genitals, with the objective intent to
arouse, titillate, or gratify the sexual
desires of a person; and
``(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific
value.
``(B) Sexual act; sexual contact.--For purposes of
subparagraph (A), the terms `sexual act' and `sexual
contact' have the meanings given those terms in section
2246 of title 18, United States Code.''.
(2) Technical and conforming amendment.--Section
271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C.
271(c)(1)(A)) is amended by striking ``section 3(47)(A)'' and
inserting ``section 3(55)(A)''.
(b) Obscene or Harassing Telephone Calls in the District of
Columbia or in Interstate or Foreign Communications.--Section
223(a)(1)(A) of the Communications Act of 1934 (47 U.S.C. 223(a)(1)(A))
is amended, in the undesignated matter following clause (ii), by
striking ``, with intent to abuse, threaten, or harass another
person''.
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