The 'Lectric Law Library's Lexicon On
* Mailing Obscene Material *

MAILING OBSCENE MATERIAL - 18, U.S.C., 1461, makes it a Federal crime or offense for anyone to use the United States mails to transmit obscene materials.

A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

First: That the person knowingly used the mails for the conveyance or delivery of certain articles, as charged;

Second: That the person knew at the time of such mailing the general nature of the content of the matter so mailed; and

Third: That the matter so mailed was "obscene" as defined by law. (Note: Willfulness not an essential element.)

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