Page:United States Statutes at Large Volume 102 Part 5.djvu/496

 102 STAT. 4502

PUBLIC LAW 100-690—NOV. 18, 1988

"§ 1468. Distributing obscene material by cable or subscription television "(a) Whoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both. "(b) As used in this section, the term 'distribute' means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, or to produce or provide material for such distribution. "(c) Nothing in this chapter, or the Cable Communications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States, including political subdivisions thereof, to regulate the uttering of language that is obscene or otherwise unprotected by the Constitution or the distribution of matter that is obscene or otherwise unprotected by the Constitution, of any sort, by means of cable television or subscription services on television.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding at the end the following: "1468. Distributing obscene material by cable or subscription television.". SEC. 7524. COMMUNICATIONS ACT AMENDMENT.

Section 223(b) of the Communications Act of 1934 (47 U.S.C. 223(b)) is amended to read as follows: "(b)(1) Whoever knowingly— "(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or "(B) permits any telephone facility under such person's control to be used for an activity prohibited by clause (i); shall be fined in accordance with title 18 of the United States Code, or imprisoned not more than two years, or both. "(2) Whoever knowingly— "(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or "(B) permits any telephone facility under such person's control to be used for an activity prohibited by clause (i), shall be fined not more than $50,000 or imprisoned not more than six months, or both.". SEC. 7525. ELECTRONIC SURVEILLANCE.

Subsection (1) of section 2516 of title 18, United States Code, is amended by redesignating paragraphs (i), 0)» (k), and (1) as paragraphs (j), (k), (1), and (m), respectively, and by adding a new paragraph (i) as follows: "(i) any felony violation of chapter 71 (relating to obscenity) of this title;".

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