Rewrites obscenity and import statutes to remove “indecent” and related clauses, altering the scope of criminal and import prohibitions.
Official title: Revise sections 552, 1461, and 1462 of title 18, United States Code, and section 305 of the Tariff Act of 1930 (19 U.S.C. 1305), and for other purposes.
Introduced March 11, 2025 by Tina Smith · Last progress March 11, 2025
The bill modernizes and clarifies prohibitions on obscene/imported materials—reducing vagueness and narrowing criminal exposure for some—at the cost of creating potential enforcement gaps, reduced prosecutorial reach, litigation over interpretive standards, and short-term compliance disruption for businesses.
Publishers, individuals, and mail/import users will face narrower criminal exposure because outdated/vague terms (like 'indecent') are removed or tightened, reducing the risk of prosecution for borderline material.
Federal enforcement agencies (DOJ, U.S. Customs and Border Protection) will have clearer, more modern statutory language about prohibited obscene/imported materials, which should reduce legal ambiguity for enforcement and courts.
Customs enforcement and import processing may be streamlined because 19 U.S.C. §1305(a) is rewritten to consolidate prohibitions and exceptions into clearer text, helping importers and border officers comply with and apply the law.
Prosecutors and victims seeking enforcement may lose tools to pursue certain obscene or related mail/import offenses because narrowing or removing terms could make some conduct outside the statute's reach.
Importers, travelers, and Customs may face gaps or uncertainty about what imported materials are illegal, increasing the risk of inconsistent enforcement at the border.
Businesses and mail-order sellers could experience transitional confusion about compliance as the substantive scope of prohibited materials changes, potentially disrupting commerce for small businesses and mailers.
Based on analysis of 2 sections of legislative text.
Amends federal criminal and tariff statutes regulating obscene and indecent material by removing the term “indecent,” changing statutory wording and cross-references, and rewriting parts of the Tariff Act’s import prohibitions. The changes narrow or alter the scope and definitions used to prohibit certain mailed, transported, or imported materials and remove an express statutory reference to items described as means for procuring abortions. The bill makes substantive textual changes across multiple criminal-code provisions and the Tariff Act rather than only correcting grammar or cross‑references, which will affect federal enforcement, mail and import controls, and parties who distribute or import material previously covered by the struck language.