TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 71 - OBSCENITY
Sec. 1466. Engaging in the business of selling or transferring
(a) 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, magazine, picture, paper, film, videotape, or
phonograph or other audio recording, which has been shipped or
transported in interstate or foreign commerce, shall be punished by
imprisonment for not more than 5 years or by a fine under this
title, or both.
(b) As used in this section, the term "engaged in the business"
means that the person who produces (!1) sells or transfers or
offers to sell or transfer obscene matter devotes time, attention,
or labor to such activities, 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,
selling or transferring or offering to sell or transfer such
material be the person's sole or principal business or source of
income. The offering for sale of or to transfer, at one time, two
or more copies of any obscene publication, or two or more of any
obscene article, or a combined total of five or more such
publications and articles, shall create a rebuttable presumption
that the person so offering them is "engaged in the business" as
defined in this subsection.
(Added Pub. L. 100-690, title VII, Sec. 7521(a), Nov. 18, 1988, 102
Stat. 4489; amended Pub. L. 101-647, title XXXV, Sec. 3548, Nov.
29, 1990, 104 Stat. 4926; Pub. L. 109-248, title V, Sec. 506(b),
July 27, 2006, 120 Stat. 630.)
2006 - Subsec. (a). Pub. L. 109-248, Sec. 506(b)(1), inserted
"producing with intent to distribute or sell, or" before "selling
or transferring obscene matter,".
Subsec. (b). Pub. L. 109-248, Sec. 506(b)(3), which directed
amendment of subsec. (b) by inserting "production," before "selling
or transferring or offering to sell or transfer such material.",
was executed by making the insertion before "selling or
transferring or offering to sell or transfer such material be", to
reflect the probable intent of Congress.
Pub. L. 109-248, Sec. 506(b)(2), inserted "produces" before
"sells or transfers or offers to sell or transfer obscene matter".
1990 - Subsec. (b). Pub. L. 101-647 substituted "this section"
for "this subsection" and "this subsection" for "subsection (b)".
(!1) So in original. Probably should be followed by a comma.
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