18-U.S.C.-1466
§1466 – Engaging In The Business of Selling Or Transferring Obscene Matter
Pathway
Title 18 > Part I > Chapter 71 > Section 1466
Details
- Reference: Section 1466
- Legend: §1466 – Engaging In The Business of Selling Or Transferring Obscene Matter
- USCode Year: 2013
Provision Content
(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 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 persons 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, §7521(a), Nov. 18, 1988, 102 Stat. 4489; amended Pub. L. 101–647, title XXXV, §3548, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 109–248, title V, §506(b), July 27, 2006, 120 Stat. 630.)
Amendments
2006—Subsec. (a). Pub. L. 109–248, §506(b)(1), inserted producing with intent to distribute or sell, or before selling or transferring obscene matter,.
Subsec. (b). Pub. L. 109–248, §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, §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).
U.S. Encyclopedia of Law Coverage
18-U.S.C.-112 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-112, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
18-U.S.C.-1466 in the Legal Encyclopedia: Crimes
In this entry about 18-U.S.C.-1466, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.
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