PUBLIC L.\W 104-104—FEB. 8, 1996 110 STAT. 133 TITLE V—OBSCENITY AND VIOLENCE communications Decency Act of 1996. Subtitle A—Obscene, Harassing, and Law enforcement , , t*rrtt • and crime. Wrongful Utilization of Teleeommuni- Penalties cations Facilities SEC. 501. SHORT TITLE. This title may be cited as the "Communications Decency Act of 1996". SEC. 502. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER THE COMMUNICATIONS ACT OF 1934. Section 223 (47 U.S.C. 223) is amended— (1) by striking subsection (a) and inserting in heu thereof: "(a) Whoever— "(1) in interstate or foreign communications— "(A) by means of a telecommunications device knowingly— "(i) makes, creates, or solicits, and "(ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person; "(B) by means of a telecommunications device knowingly— "(i) makes, creates, or solicits, and "(ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene or indecent, knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication; "(C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications; "(D) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or "(E) makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any person at the called number or who receives the communication; or "(2) knowingly permits any telecommunications facility under his control to be used for any activity prohibited by paragraph (1) with the intent that it be used for such activity, shall be fined under title 18, United States Code, or imprisoned not more than two years, or both."; and (2) by adding at the end the following new subsections: "(d) Whoever— "(1) in interstate or foreign communications knowingly— 47 USC 609 note.
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