(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.
(b)(1) Whoever knowingly–
(A) within the United States, by means of telephone, makes
(directly or by recording device) any obscene communication for
commercial purposes to any person, regardless of whether the maker of
such communication placed the call; or
(B) permits any telephone facility under such person's control to be
used for an activity prohibited by subparagraph (A),
shall be fined in accordance with title 18, United States Code, or
imprisoned not more than two years, or both.
(2) Whoever knowingly–
(A) within the United States, by means of telephone, makes
(directly or by recording device) any indecent communication for
commercial purposes which is available to any person under 18 years of
age or to any other person without that person's consent, regardless of
whether the maker of such communication placed the call; or
(B) permits any telephone facility under such person's control to be
used for an activity prohibited by subparagraph (A), shall be fined not more
than $50,000 or imprisoned not more than six months, or both.
(3) It is a defense to prosecution under paragraph (2) of this subsection
that the defendant restricted access to the prohibited communication to persons 18
years of age or older in accordance with subsection (c) of this section and with
such procedures as the Commission may prescribe by regulation