Interstate Obscenity Definition Act
The Interstate Obscenity Definition Act would add a new, explicit definition of “obscene” to the Communications Act of 1934. The definition applies to visual content (pictures, images, graphic files, films, videotapes, and similar depictions) and sets out a three-part test: (1) the overall work appeals to a prurient interest in nudity, sex, or excretion; (2) it depicts or describes sexual acts or genitals with the objective to arouse or gratify sexual desires; and (3) the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. It also cross-references the meanings of “sexual act” and “sexual contact” to those in federal criminal law (18 U.S.C. § 2246). In addition, the bill makes a conforming renumbering adjustment to cross-references in the Act. Separately, the bill would strike the phrase “with intent to abuse, threaten, or harass another person” from the prohibition on obscene or harassing telephone calls in the District of Columbia and in interstate or foreign communications. In short, the bill creates a federal, Miller-style framework for determining what counts as obscene in the context of communications and removes a stated mental-state requirement from a related harassing-telephone-call provision.
Key Points
- 1Defines “obscene” or “obscenity” for purposes of the Communications Act using a three-part test: prurient appeal, depiction with intent to arouse, and lack of serious value (literary, artistic, political, or scientific).
- 2The definition always references visual content (pictures, images, graphic files, films, videotapes, or other visual depictions) and relies on established federal definitions of “sexual act” and “sexual contact” from 18 U.S.C. § 2246.
- 3Includes a technical/conforming amendment that adjusts cross-references to align with the new numbering of the defined term.
- 4Alters the prohibition in Section 223(a)(1)(A) by removing the requirement that obscene or harassing telephone calls be made “with intent to abuse, threaten, or harass another person,” potentially broadening the scope of exposure under that provision.
- 5The bill is titled the “Interstate Obscenity Definition Act” and is currently in introduced status; no explicit effective date is provided in the text.