1965
Sexually Oriented Advertisements
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Section 3008 of Title 39 allows an individual who has received a
sexually
oriented advertisement to request that the Postal Service issue an order
directing the sender to: refrain from further mailings to the named
addressees;
delete the names of the designated addressees from all mailing lists
controlled
by the sender; and cease selling or renting the mailing lists bearing the
names
of the designated addressees. If the Postal Service believes that such an
order
has been violated, it shall serve a complaint on the sender and request a
response. After a hearing, if requested by the sender, the Postal Service
can
request the Attorney General to apply to a District Court for an order
directing
compliance. Failure to comply with such an order may be punishable by the
court
as contempt. Such prohibitory orders, as described in 39 U.S.C.
§ 3008,
are
the preferred method of obtaining compliance. The order can be enforced
either
by contempt or by prosecution under 18 U.S.C. § 1737. Knowledge is
also
easier to prove.
Section 3010 of Title 39 requires a sender of sexually oriented
advertisements to place on the envelope his/her name, address and notice of
the
sexually explicit nature of its contents. Any person may file a form with
the
Postal Service stating a desire not to receive sexually oriented
advertisements.
The Postal Service shall maintain a list of the names and addresses of such
persons and shall make it available to any sender. No person shall mail a
sexually oriented advertisement to any person whose name has been on the
list for
more than 30 days.
Section 1735 of Title 18 prohibits anyone from willfully mailing a
sexually
oriented advertisement in violation of 39 U.S.C. § 3010. It imposes
a
maximum five years' imprisonment and/or fine for the first offense and a
maximum
10 years and/or fine for any offense thereafter.
Section 1737 of Title 18 prohibits anyone from manufacturing any
sexually
related mail matter, intending or knowing that such matter will be deposited
for
mailing in violation of 39 U.S.C. § 3008 or § 3010. It
imposes a
maximum
five years' imprisonment and/or a fine for the first offense and a maximum
10
years' imprisonment and/or a fine for any offense thereafter.
[cited in USAM 9-75.001] | |