HR3297-119

1. Short title This Act may be cited as the Interstate Obscenity Definition Act.

2. Defining obscenity Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended— by redesignating paragraphs (38) through (59) as paragraphs (39) through (60), respectively; and by inserting after paragraph (37) the following: 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— taken as a whole, appeals to the prurient interest in nudity, sex, or excretion; 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 taken as a whole, lacks serious literary, artistic, political, or scientific value. 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. 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). 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. (38)Obscene; obscenity (A)In generalThe 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 contactFor 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..