H.R. 3297

119 HR 3297 IH: Interstate Obscenity Definition Act
 U.S. House of Representatives
 2025-05-08
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 3297  IN THE HOUSE OF REPRESENTATIVES   May 8, 2025   Mrs. Miller of Illinois  introduced the following bill; which was referred to the  Committee on Energy and Commerce    A BILL
To define  obscenity  for purposes of the Communications Act of 1934, and for other purposes.
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)
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 .