999 
‘‘(3) The total quantity of cigarettes and cans 
or packages of smokeless tobacco that the person 
distributed within such month to each person 
(itemized by name and address) other than a retail 
purchaser. 
‘‘(c) INSPECTION.— 
‘‘(1) Any officer of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives may, during normal 
business hours, enter the premises of any person de-
scribed in subsection (a) or (b) for the purposes of 
inspecting— 
‘‘(A) any records or information required 
to be maintained by the person under this chap-
ter; or 
‘‘(B) any cigarettes or smokeless tobacco 
kept or stored by the person at the premises. 
‘‘(2) The district courts of the United States 
shall have the authority in a civil action under this 
subsection to compel inspections authorized by para-
graph (1). 
‘‘(3) Whoever denies access to an officer under 
paragraph (1), or who fails to comply with an order 
issued under paragraph (2), shall be subject to a 
civil penalty in an amount not to exceed $10,000. 
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‘‘(d) OTHERS TO RECEIVE REPORTS.—Any report re-
quired to be submitted under this subchapter to the Attor-
ney General shall also be submitted to the Secretary of 
the Treasury and to the attorneys general and the tax ad-
ministrators of the States from where the shipments, de-
liveries, or distributions both originated and concluded. 
‘‘(e) DELIVERY SALE DEFINED.—As used in this sec-
tion, the term ‘delivery sale’ means any sale of cigarettes 
or smokeless tobacco in interstate commerce to a con-
sumer if— 
‘‘(1) the consumer submits the order for such 
sale by means of a telephone or other method of 
voice transmission, the mails, or the Internet or 
other online service, or by any other means where 
the consumer is not in the same physical location as 
the seller when the purchase or offer of sale is made; 
or 
‘‘(2) the cigarettes or smokeless tobacco are de-
livered by use of the mails, common carrier, private 
delivery service, or any other means where the con-
sumer is not in the same physical location as the 
seller when the consumer obtains physical possession 
of the cigarettes or smokeless tobacco. 
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‘‘§ 1414. Penalties 
‘‘(a) 1412(a) VIOLATIONS.—Whoever knowingly vio-
lates section 1412(a) shall be imprisoned not more than 
five years. 
‘‘(b) 1413(a) AND
1416 VIOLATIONS.—Whoever 
knowingly violates any rule or regulation promulgated 
under section 1413(a) or 1416 or violates section 1412(b) 
shall be imprisoned not more than three years. 
‘‘§ 1415. Enforcement and regulations 
‘‘(a) GENERALLY.—The Attorney General, subject to 
section 1413(a), shall enforce this subchapter and may 
prescribe rules and regulations to carry out this sub-
chapter. 
‘‘(b) STATE ENFORCEMENT THROUGH CIVIL AC-
TIONS.— 
‘‘(1) A State, through its attorney general, a 
local government, through its chief law enforcement 
officer (or a designee thereof), or any person who 
holds a permit under chapter 52 of the Internal Rev-
enue Code of 1986, may bring an action in the 
United States district courts to prevent and restrain 
violations of this subchapter by any person (or by 
any person controlling such person), except that any 
person who holds a permit under chapter 52 of the 
Internal Revenue Code of 1986 may not bring such 
an action against a State or local government. No 
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civil action may be commenced under this paragraph 
against an Indian tribe or an Indian in Indian coun-
try (as defined in section 871). 
‘‘(2) A State, through its attorney general, or 
a local government, through its chief law enforce-
ment officer (or a designee thereof), may in a civil 
action under paragraph (1) also obtain any other ap-
propriate relief for violations of this subchapter from 
any person (or by any person controlling such per-
son), including civil penalties, money damages, and 
injunctive or other equitable relief. Nothing in this 
chapter abrogates or constitutes a waiver of any sov-
ereign immunity of a State or local government, or 
an Indian tribe against any unconsented lawsuit 
under this chapter, or otherwise restricts, expands, 
or modifies any sovereign immunity of a State or 
local government, or an Indian tribe. 
‘‘SUBCHAPTER E—CHILD SUPPORT 
‘‘Sec. 
‘‘1431. Failure to pay legal child support obligations. 
‘‘§ 1431. Failure to pay legal child support obligations 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly fails to pay a support obligation 
with respect to a child who resides in another State, 
if such obligation has remained unpaid for a period 
longer than 1 year, or is greater than $5,000; 
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‘‘(2) travels in interstate or foreign commerce 
with the intent to evade a support obligation, if such 
obligation has remained unpaid for a period longer 
than 1 year, or is greater than $5,000; or 
‘‘(3) knowingly fails to pay a support obligation 
with respect to a child who resides in another State, 
if such obligation has remained unpaid for a period 
longer than 2 years, or is greater than $10,000; 
shall be punished as provided in subsection (c). 
‘‘(b) PRESUMPTION.—The existence of a support ob-
ligation that was in effect for the time period charged in 
the indictment or information creates a rebuttable pre-
sumption that the obligor has the ability to pay the sup-
port obligation for that time period. 
‘‘(c) PUNISHMENT.—The punishment for an offense 
under this section is— 
‘‘(1) in the case of a first offense under sub-
section (a)(1), imprisonment for not more than 6 
months; and 
‘‘(2) in the case of an offense under paragraph 
(2) or (3) of subsection (a), or a second or subse-
quent offense under subsection (a)(1), imprisonment 
for not more than 2 years. 
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‘‘(d) VENUE.—With respect to an offense under this 
section, an action may be inquired of and prosecuted in 
a district court of the United States for— 
‘‘(1) the district in which the child who is the 
subject of the support obligation involved resided 
during a period during which a person described in 
subsection (a) (referred to in this subsection as an 
‘obligor’) failed to meet that support obligation; 
‘‘(2) the district in which the obligor resided 
during a period described in paragraph (1); or 
‘‘(3) any other district with jurisdiction other-
wise provided for by law. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘Indian tribe’ has the meaning 
given that term in section 102 of the Federally Rec-
ognized Indian Tribe List Act of 1994; and 
‘‘(2) the term ‘support obligation’ means any 
amount determined under a court order or an order 
of an administrative process pursuant to the law of 
a State or of an Indian tribe to be due from a per-
son for the support and maintenance of a child or 
of a child and the parent with whom the child is liv-
ing. 
‘‘SUBCHAPTER F—OBSCENITY 
‘‘1441. Mailing obscene or crime-inciting matter. 
‘‘1442. Importation or transportation of obscene matters. 
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‘‘1443. Production and transportation of obscene matters for sale or distribu-
tion. 
‘‘1444. Engaging in the business of selling or transferring obscene matter. 
‘‘1445. Obscene visual representations of the sexual abuse of children. 
‘‘1446. Presumptions. 
‘‘1447. Transfer of obscene material to minor. 
‘‘§ 1441. Mailing obscene or crime-inciting matter 
‘‘(a) NONMAILABILITY.—The following are non-
mailable matter and shall not be conveyed in the mails 
or delivered from any post office or by any letter carrier: 
‘‘(1) Every obscene, lewd, lascivious, indecent, 
filthy or vile article, matter, thing, device, or sub-
stance. 
‘‘(2) Every article or thing designed, adapted, 
or intended for producing abortion, or for any inde-
cent or immoral use. 
‘‘(3) Every article, instrument, substance, drug, 
medicine, or thing which is advertised or described 
in a manner calculated to lead another to use or 
apply it for producing abortion, or for any indecent 
or immoral purpose. 
‘‘(4) Every written or printed card, letter, cir-
cular, book, pamphlet, advertisement, or notice of 
any kind giving information, directly or indirectly, 
where, or how, or from whom, or by what means any 
of such mentioned matters, articles, or things may 
be obtained or made, or where or by whom any act 
or operation of any kind for the procuring or pro-
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ducing of abortion will be done or performed, or how 
or by what means abortion may be produced, wheth-
er sealed or unsealed. 
‘‘(5) Every paper, writing, advertisement, or 
representation that any article, instrument, sub-
stance, drug, medicine, or thing may, or can, be 
used or applied for producing abortion, or for any 
indecent or immoral purpose. 
‘‘(6) Every description calculated to induce or 
incite a person to so use or apply any such article, 
instrument, substance, drug, medicine, or thing. 
‘‘(b) OFFENSE.—Whoever knowingly uses the mails 
for the mailing, carriage in the mails, or delivery of any-
thing declared by this section or section 3001(e) of title 
39 to be nonmailable, or knowingly causes to be delivered 
by mail according to the direction thereon, or at the place 
at which it is directed to be delivered by the person to 
whom it is addressed, or knowingly takes any such thing 
from the mails for the purpose of circulating or disposing 
thereof, or of aiding in the circulation or disposition there-
of, shall be imprisoned not more than five years, for the 
first such offense, and shall be imprisoned not more than 
ten years for each such offense thereafter. 
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‘‘§ 1442. Importation or transportation of obscene 
matters 
‘‘Whoever— 
‘‘(1) brings into the United States, or any place 
subject to the jurisdiction thereof, or knowingly uses 
any express company or other common carrier or 
interactive computer service (as defined in section 
230(f)(2) of the Communications Act of 1934), for 
carriage in interstate or foreign commerce— 
‘‘(A) any obscene, lewd, lascivious, or filthy 
book, pamphlet, picture, motion-picture film, 
paper, letter, writing, print, or other matter of 
indecent character; 
‘‘(B) any obscene, lewd, lascivious, or filthy 
phonograph recording, electrical transcription, 
or other article or thing capable of producing 
sound; or 
‘‘(C) any drug, medicine, article, or thing 
designed, adapted, or intended for producing 
abortion, or for any indecent or immoral use; or 
any written or printed card, letter, circular, 
book, pamphlet, advertisement, or notice of any 
kind giving information, directly or indirectly, 
where, how, or of whom, or by what means any 
of such mentioned articles, matters, or things 
may be obtained or made; or 
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‘‘(2) knowingly takes or receives, from such ex-
press company or other common carrier or inter-
active computer service (as defined in section 
230(f)(2) of the Communications Act of 1934) any 
matter or thing the carriage or importation of which 
is herein made unlawful; 
shall be imprisoned not more than five years for the first 
such offense and shall be imprisoned not more than ten 
years for each such offense thereafter. 
‘‘§ 1443. Production and transportation of obscene 
matters for sale or distribution 
‘‘(a) OFFENSE.—Whoever knowingly produces with 
the intent to transport, distribute, or transmit in inter-
state or foreign commerce, or whoever knowingly trans-
ports or travels in, or uses a facility or means of, interstate 
or foreign commerce or an interactive computer service (as 
defined in section 230(f)(2) of the Communications Act 
of 1934) in or affecting such commerce, for the purpose 
of sale or distribution, of any obscene, lewd, lascivious, or 
filthy book, pamphlet, picture, film, paper, letter, writing, 
print, silhouette, drawing, figure, image, cast, phonograph 
recording, electrical transcription or other article capable 
of producing sound or any other matter of indecent or im-
moral character, shall be imprisoned not more than five 
years. 
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‘‘(b) PRESUMPTION.—The transportation as afore-
said of two or more copies of any publication or two or 
more of any article of the character described above, or 
a combined total of five such publications and articles, 
shall create a presumption that such publications or arti-
cles are intended for sale or distribution, but such pre-
sumption shall be rebuttable. 
‘‘§ 1444. Engaging in the business of selling or trans-
ferring obscene matter 
‘‘(a) OFFENSE.—Whoever is engaged in the business 
of producing with intent to distribute or sell, or selling 
or transferring obscene matter, who knowingly receives or 
possesses with intent to distribute any obscene book, mag-
azine, picture, paper, film, videotape, or phonograph or 
other audio recording, which has been shipped or trans-
ported in interstate or foreign commerce, shall be pun-
ished by imprisonment for not more than 5 years or by 
a fine under this title, or both. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘engaged in the business’ means that the person who pro-
duces, sells, or transfers, or offers to sell or transfer ob-
scene matter devotes time, attention, or labor to such ac-
tivities, as a regular course of trade or business, with the 
objective of earning a profit, although it is not necessary 
that the person make a profit or that the production, sell-
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