--- kind: "section" citation: "10 U.S.C. § 2495b" title: "10" title_heading: "Armed Forces" number: "2495b" heading: "Sale or rental of sexually explicit material prohibited" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/2495b" units: - "Subtitle A — General Military Law" - "Part IV — Service, Supply, and Property" - "Chapter 147 — Commissaries and Exchanges and Other Morale, Welfare, and Recreation Activities" - "Subchapter III — Morale, Welfare, and Recreation Programs and Nonappropriated Fund Instrumentalities" --- # §2495b. Sale or rental of sexually explicit material prohibited - (a) **Prohibition of Sale or Rental.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may not permit the sale or rental of sexually explicit material on property under the jurisdiction of the [Department](/usc/10/101.md?p=a-6) of Defense. - (b) **Prohibition of Officially Provided Sexually Explicit Material.—** A member of the [armed forces](/usc/10/101.md?p=a-4) or a civilian [officer](/usc/10/101.md?p=b-1) or employee of the [Department](/usc/10/101.md?p=a-6) of Defense acting in an official capacity may not provide for sale, remuneration, or rental sexually explicit material to another [person](/usc/10/2700.md?p=2). - (c) **Resale Activities Review Board.—** - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall establish a nine-member board to make recommendations to the [Secretary](/usc/10/4951.md?p=3) regarding whether material sold or rented, or proposed for sale or rental, on property under the jurisdiction of the [Department](/usc/10/101.md?p=a-6) of Defense is barred from sale or rental by [subsection (a)](#a). - (2) - (A) The [Secretary](/usc/10/4951.md?p=3) of Defense shall appoint six members of the board to broadly represent the interests of the patron base served by the defense commissary system and the exchange system. The [Secretary](/usc/10/4951.md?p=3) shall appoint one of the members to serve as the chairman of the board. At least one member appointed under this subparagraph shall be a [person](/usc/10/2700.md?p=2) with experience managing or advocating for [military](/usc/10/801.md?p=8) family [programs](/usc/10/2101.md?p=1) and who is also an eligible patron of the defense commissary system and the exchange system. - (B) The [Secretary](/usc/10/4951.md?p=3) of each of the [military departments](/usc/10/101.md?p=a-8) shall appoint one member of the board. - (C) A vacancy on the board shall be filled in the same manner as the [original](/usc/10/101.md?p=b-10) appointment. - (3) The [Secretary](/usc/10/4951.md?p=3) of Defense may detail [persons](/usc/10/2700.md?p=2) to serve as staff for the board. At a minimum, the [Secretary](/usc/10/4951.md?p=3) shall ensure that the board is assisted at meetings by [military](/usc/10/801.md?p=8) resale and legal advisors. - (4) The recommendations made by the board under [paragraph (1)](#c-1) shall be made available to the public. The [Secretary](/usc/10/4951.md?p=3) of Defense shall publicize the availability of such recommendations by such means as the [Secretary](/usc/10/4951.md?p=3) considers appropriate. - (5) Members of the board shall be allowed travel expense, including per diem in lieu of subsistence, at [rates](/usc/10/101.md?p=b-9) authorized for employees of [agencies](/usc/10/3451.md?p=3) under subchapter I of [chapter 57](/usc/5/chptIII/sptD/ch57.md) of title 5 while away from their homes or [regular](/usc/10/101.md?p=b-12) places of business in the performance of services for the board. - (d) **Regulations.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations to implement this section. - (e) **Definitions.—** In this section: - (1) The term “sexually explicit material” means an audio recording, a film or video recording, or a periodical with visual depictions, produced in any medium, the dominant theme of which depicts or describes nudity, including sexual or excretory activities or organs, in a lascivious way. - (2) The term “property under the jurisdiction of the [Department](/usc/10/101.md?p=a-6) of Defense” [includes](/usc/10/101.md?p=g-4) commissaries, all [facilities](/usc/10/2700.md?p=2) operated by the Army and Air Force Exchange Service, the Navy Exchange Service Command, the Navy Resale and Services Support Office, Marine Corps exchanges, and ships’ stores. ## Source credit (Added Pub. L. 104–201, div. A, title III, § 343(a)(1), Sept. 23, 1996, 110 Stat. 2489, § 2489a; renumbered § 2495b, Pub. L. 108–375, div. A, title VI, § 651(b)(2), (c)(5), Oct. 28, 2004, 118 Stat. 1971, 1972; amended Pub. L. 110–417, [div. A], title VI, § 642(a), Oct. 14, 2008, 122 Stat. 4493.) ## Notes ### Editorial Notes ### Amendments 2008—Subsecs. (c) to (e). Pub. L. 110–417 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 2004—Pub. L. 108–375 renumbered section 2489a of this title as this section. ### Statutory Notes and Related Subsidiaries ### Effective Date Pub. L. 104–201, div. A, title III, § 343(b), Sept. 23, 1996, 110 Stat. 2490, provided that: “Subsection (a) of section 2489a [now 2495b] of title 10, United States Code, as added by subsection (a) of this section, shall take effect 90 days after the date of the enactment of this Act [Sept. 23, 1996].” ### Resale Activities Review Board: Establishment and Initial Meeting Pub. L. 110–417, [div. A], title VI, § 642(b), Oct. 14, 2008, 122 Stat. 4494, provided that: Establishment.—The board required by subsection (c) of section 2495b of title 10, United States Code, as added by subsection (a), shall be established, and its initial nine members appointed, not later than 120 days after the date of the enactment of this Act [Oct. 14, 2008]. Meetings.—The board shall conduct an initial meeting within one year after the date of the appointment of the initial members of the board. At the discretion of the board, the board may consider all materials previously reviewed under such section as available for reconsideration for a minimum of 180 days following the initial meeting of the board.”