Interstate Obscenity Definition Act

The Interstate Obscenity Definition Act would establish a federal, written definition of “obscene” for purposes of the Communications Act of 1934. It adopts a standard that mirrors the Miller test used in U.S. Supreme Court obscenity cases, specifying that visual content assessed as a whole must (1) appeal to a prurient interest in nudity, sex, or excretion; (2) depict or describe sexual acts or lewd exhibition of the genitals with the intent to arouse; and (3) lack serious literary, artistic, political, or scientific value. The bill covers pictures, images, graphic files, films, videotapes, or other visual depictions and ties the definition to meanings in federal sex-offense law (18 U.S.C. 2246) for terms like “sexual act” and “sexual contact.” It also realigns a related cross-reference in the Communications Act to reflect the new numbering. Separately, the bill alters prohibitions on obscene or harassing telephone calls in the District of Columbia or in interstate/foreign communications by removing a requirement that the caller act with the specific intent to abuse, threaten, or harass someone, potentially broadening enforcement. In short, the bill would unify and codify a specific, Miller-based standard for obscenity in federal communications law and modify related provisions that regulate obscene or harassing communications.