119-HR3297

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 3297

1. Short title
2. Defining obscenity

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) Obscene; obscenity - 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".