Every obscene, lewd, or lascivious, and every filthy book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character, and every article or thing designed, adapted, or intended for [preventing conception or] producing abortion, or for any indecent or immoral use; and 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 [preventing conception or] producing abortion, or for any indecent or immoral purpose; and every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information directly or indirectly, where, or how, of whom, or by what means any of the hereinbefore-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 producing of abortion will be done or performed, or how or by what means [conception may be prevented or] abortion may be produced, whether sealed or unsealed; and every letter, packet, or package, or other mail matter containing any filthy, vile, or indecent thing, device, or substance and every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine or thing may, or can be, used or applied, for [preventing conception or] producing abortion, or for any indecent or immoral purpose; and every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing, is hereby declared to be non-mailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier. Whoever shall knowingly deposit or cause to be deposited for mailing or delivery, anything declared by this section to be non-mailable, or shall knowingly take, or cause the same to be taken, from the mails for the purpose of circulating or disposing thereof, or of aiding in the circulation or disposition thereof, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. But no book, magazine, pamphlet, paper, letter, writing or publication is obscene, lewd, or lascivious, or of an indecent character, or non-mailable by reason of the fact that it mentions, discusses or recommends prevention of conception, or gives information concerning methods or means for the prevention of conception: or tells how, where, or in what manner such information or such means can be obtained: and no article, instrument, substance or drug is non-mailable by reason of the fact that it is designed or adapted for the prevention of conception, or is advertised or otherwise represented to be so designed or adapted.

(Matter in brackets omitted; matter in italics new.)

Whoever shall bring or cause to be brought into the United States or any place subject to the jurisdiction thereof from any foreign country or shall therein knowingly deposit or cause to be deposited with any express company or other common carrier for carriage from one State, territory or district of the United States, or in place non-contiguous to, but subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States through a foreign country to any place in or subject to the jurisdiction of the United States, any obscene, lewd or lascivious or any filthy book, pamphlet, picture, paper, letter, writing, print, or other matter of indecent character, of any drug, medicine, article or thing designed, adapted or intended for [preventing conception or] 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 the hereinbefore-mentioned articles, matters, or things may be obtained or made, or whoever shall knowingly take or cause to be taken from such express company or common carrier, any matter or thing, the depositing of which for carriage is herein made unlawful, shall be fined not more than five thousand dollars or imprisoned not more than five years or both. But no book, pamphlet, paper, letter, writing, circular, advertisement, notice or print is obscene, lewd, lascivious or filthy, by reason of the fact that it mentions, discusses or recommends prevention of conception, or gives information concerning methods or means for the prevention of conception: or tells how, where, or in what manner such information or such means can be obtained: and no drug, medicine, article or thing shall be for indecent or immoral use because it is designed, adapted or intended for the prevention of conception.

(Matter in brackets omitted; matter in italics new.)

Section 1141.—A person who sells, lends, gives away or shows, or offers to sell, lend, give away, or who, or has in his possession with intent to sell, lend, or give away, or to show or advertises in any manner, or who otherwise offers for loan, gift, sale or distribution, any obscene, lewd, lascivious, filthy, indecent or disgusting book, magazine, pamphlet, newspaper, story paper, writing paper, picture, drawing, photograph, figure, or image, or any written or printed matter of an indecent character; or any article or instrument of indecent or immoral use, or purporting to be for indecent or immoral use or purpose, or who designs, copies, draws, photographs, prints, utters, publishes, or in any manner manufactures, or prepares any such book, picture, drawing, magazine, pamphlet, newspaper, story paper, writing paper, figure, image, matter, article, or thing, or who writes, prints, publishes, or utters, or causes to be written, printed, published or uttered any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting so to do, where, how, of whom, or by what means any, or what purports to be any, obscene, lewd, lascivious, filthy, disgusting or indecent book, picture, writing, paper, figure, image, matter, article, or thing named in this section can be purchased, obtained, or had or who has in his possession any slot machine or other mechanical contrivances with moving pictures of nude or partly denuded female figures which pictures are lewd, obscene, indecent or immoral, or other lewd, obscene, indecent or immoral drawing, image article or object or who shows, advertises or exhibits the same, or causes the same to be shown, advertised, or exhibited, or who brings, owns or holds any such machine with the intent to show, advertise, or in any manner exhibit the same, ... is guilty of a misdemeanor, and upon conviction, shall be sentenced to not less than ten days nor more than one year imprisonment, or be fined not less than fifty dollars nor more than one thousand dollars, or both fine and imprisonment for each offense.

(Section 1141 will be unchanged by the proposed legislation.)

Section 1141-b (New).—A book, magazine, pamphlet, newspaper, or other printed, typewritten or written matter is not obscene, lewd, lascivious, filthy, indecent, or disgusting, or of an indecent character, within this article, by reason of the fact that it mentions, discusses, recommends, or gives information concerning prevention of conception or methods or means for the prevention of conception or gives information as to where, how or of whom advice concerning, or articles, drugs or instruments for the prevention of conception can be obtained; and an article is not of indecent or immoral use or purpose, within this article, because it is adapted or designed, or is advertised or represented to be adapted or designed for the prevention of conception.

(Section 1141-b is all new matter.)

Section 1142: Indecent Articles.—A person who sells, lends, gives away, or in any manner exhibits or offers to sell, lend or give away, or has in his possession with intent to sell, lend or give away, or advertises or offers for sale, loan or distribution any instrument or article, or any recipe, drug, or medicine, [for the prevention of conception or] for causing unlawful abortion, or purporting to be [for the prevention of conception, or] for causing unlawful abortion, or advertises, or holds out representations that it can be so used or applied, or any such description as will be calculated to lead another to so use or apply any such article, recipe, drug, medicine or instrument, or who writes or prints, or causes to be written or printed, a card, circular, pamphlet, advertisement, or notice of any kind, or gives information orally, stating when, where, how, of whom, or by what means such an instrument, article, recipe, drug or medicine can be purchased or obtained, or who manufactures any such instrument, article, recipe, drug or medicine, is guilty of a misdemeanor, and shall be liable to the same penalties as provided in Section eleven hundred and forty-one in this chapter.

(Matter in brackets omitted.)