117 S5260 IS: Interstate Obscenity Definition Act U.S. Senate 2022-12-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 5260IN THE SENATE OF THE UNITED STATESDecember 14, 2022Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo define obscenity for purposes of the Communications Act of 1934, and for other purposes.

1.

Short title

This Act may be cited as the Interstate Obscenity Definition Act.

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.