How to fly with pornography

In the United States, with the exception of child pornography or obscene material, it is legal for anyone to possess most forms of pornography, and to have it in their baggage or on an electronic device such as a laptop or smartphone.

Airlines may severely restrict what kinds of sexually explicit material passengers may use while in the aircraft, but it is still possible for passengers to enjoy pornography during a flight.

Below are some explanations of what is allowed and what is not allowed, and some suggestions on how passengers may enjoy sexually explicit material in flight without breaking any laws or violating an airline's regulations.

Does the TSA prohibit or restrict pornography?
In most cases, no. The First Amendment of the US Constitution prohibits the federal government, including the TSA, from restricting many forms of free speech, including most pornography, so passengers are free to travel with pornography on domestic flights.

Two exceptions are child pornography or material that has been legally declared to be obscene. It is illegal to possess or travel with either kind of material under any circumstances.

Do airlines restrict pornography?
Most airlines have no restrictions on passeners carrying pornography in their baggage or in an electronic device, but do restrict their use in the cabin.

Most airlines state in their contract of carriage that they do not allow passengers to display material or engage in conduct that may be disturbing or offensive to other passengers, and that typically includes using sexually explicit or pornographic audio or visual content that can be seen or heard by crew members or other passenger.

Will the TSA confiscate my pornography?
With the notable exceptions of child pornography or material that is legally declared to be obscene, passengers can travel on domestic flights with all other kinds of pornography, and with any amount of pornographic or sexually explicit material in checked or carry on baggage.

Can the airline confiscate my pornography?
Typically no. An airline representative may ask you to put away your pornography if it is disturbing to other passengers. However, if a flight attendant or other airline employee suspects that you are in possession of child pornography or obscene material, the airline may contact a law enforcement organization to deal with the issue.

Can I enter the US with pornography?
Sexually explicit material, with the exception of child pornography or material legally declared to be obscene, is allowed into the US. Customs and Border Protection (CBP), the US government organization that processes travelers entering the US, has the authority to search your belongings, including electronic devices.

If your pornography was purchased outside of the US, it would have to be declared upon entry, and you may be subject to import duties depending on the value of the material.

Keep in mind that when you enter the country, CBP can search computers and other electronic devices at their discretion, and it is possible that your device may be in their possession for some time before it is returned to you, even if there is no illegal content on those devices.

Can travel outside of the US with pornography?
That will depend on the regulations of the airline, and the laws of your destination country, as well as the laws of any country where you have to be processed through their customs organization before reaching your destination.

Material that may be legal in the US may not be legal in another country, and you could have the material confiscated and possibly pay a fine or be charged with a crime. You would be wise to check the laws and regulations before you travel outside of the US.

Can a flight attendant stop me from looking at or listening to pornography?
Yes they can. Flight attendants have the authority to order a passenger to stop looking at or listening to pornographic material if it can be seen or heard by others on the plane.

How can a passenger enjoy pornography while in flight?
Use of pornographic material would satisfy the typical airline contract of carriage if the material can't be seen or heard by other passengers. A passenger should be able to enjoy pornography or other potentially offensive content in flight if that pornographic content is limited to the following:

• Reading material in books, magazines, or electronic devices that contain no pictures, drawings, or other graphics of a sexual or potentially disturbing nature.
• Spoken word or audio content that is played only through headphones, earbuds, or other personal listening devices.

Tips for traveling with pornography
There are a number of common sense things that you can do to protect your sex toys and to limit the likelihood that the TSA will cause you any embarrassment or excessive delays:

• Tell the truth: If a TSA screener or CBP official asks you what is in your baggage or electronic device, just say what it is.
• Keep it to yourself: If you can't enjoy your pornography without someone else noticing, then wait until you can do so privately.
• Be willing to take action: If you see someone using pornography in a way that is noticeable to you or to others on the airplane, ask that person to stop using it, or ask a flight attendant to deal with the situation.

Complaining about your treatment
Although you can legally travel with most pornography legal in the US, you may still encounter TSA, CBP, or airline representatives who whose conduct toward you may be rude, unfair, discriminatory, improper, or unprofessional. If this happens at during a face to face encounter, you should immediately request to see a supervisor to discuss the matter.

If you are unable to resolve the issue at the time, you should be prepared to go through a formal complaint process with the appropriate organization. For detailed advice on how to complain about your treatment, you may want to review AirSafe.com's complaint resources.

Definitions

The following definitions may help clarify some of the earlier statement on this page. These definitions are relevant in the United States, and will likely be different in other countries.

Child pornography - The US Department of Justice defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Sexually explicit conduct does not require that an image depict a child engaging in sexual activity.

Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor.

Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under US federal law. It is illegal for anyone in the United States to view, possess, publish, or transmit such material.

Contract of carriage - Sometimes referred to as conditions of carriage or similar wording, this is the contract that exist between an airline and its passengers. This contract typically covers a range of areas, including the circumstances where the airline would have the right to deny a passener boarding, or remove the passenger from the aircraft.

First Amendment - This refers to a portion of the US Constitution that prohibits the federal government from making any law that restricts freedom of speech, including most forms of pornography. Private companies, including airlines, do not have such a restriction, and are free to restrict a passenger's access to pornography.

Obscene - Obscene material has been legally determined to be sexually explicit, offensive to conventional standards of decency, and lacking in serious literary, scientific, artistic, or political value. It is illegal for anyone in the United States to view, possess, publish, or transmit such material.

Pornography - Pornography is any material that is sexually explicit and that is intended to cause sexual arousal. Such material does not have to involve descriptions or depictions of nudity or sexual activity.

Related resources
How to complain
Baggage issues
Flying with cash
How to fly with a sex toy
Flying and marijuana
Contract of carriage
Personal electronic devices