[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5260 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5260

To define ``obscenity'' for purposes of the Communications Act of 1934, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2022

    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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