18 U.S.C. § 1470 – Transfer of obscene material to minors
This statute makes it a federal crime to knowingly send or transfer obscene material to a minor under the age of 16.
Section 1470 targets the transmission of obscene material to minors using the mail, the internet, or any other means of interstate or foreign commerce. The statute applies regardless of whether the transfer is direct or attempted, and it commonly arises in cases involving online communications, messaging platforms, email, or file sharing.
What the law prohibits.
A person violates this statute if they knowingly:
- Transfer or attempt to transfer obscene material to another individual using the mail or any interstate or foreign communication system.
- Know the recipient is under 16 years old at the time the material is sent.
- Use electronic communication, including online messaging, email, social platforms, or other internet-based services, to deliver the material.
The government must prove both that the material meets the legal definition of obscenity and that the defendant knew the recipient had not yet attained the age of 16.
Attempts count.
Even if the obscene material is never successfully delivered, an attempt to transfer it can still result in federal criminal charges.
Penalties.
A conviction under 18 U.S.C. § 1470 carries potential penalties of up to 10 years in federal prison, fines, or both. Charges may also be accompanied by related offenses depending on the nature of the communication and any associated conduct.
If you’re under investigation or facing charges involving online communications with a minor, call (314) 900-HELP or contact our federal criminal defense attorneys immediately to protect your rights.
