2002 US Code
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 71 - OBSCENITY
Sec. 1466 - Engaging in the business of selling or transferring obscene matter
View MetadataPublication Title | United States Code, 2000 Edition, Supplement 2, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 71 - OBSCENITY Sec. 1466 - Engaging in the business of selling or transferring obscene matter |
Contains | section 1466 |
Date | 2002 |
Laws in Effect as of Date | January 6, 2003 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 102 Stat. 4489 104 Stat. 4926 |
Public Law References | Public Law 100-690, Public Law 101-647 |
§1466. Engaging in the business of selling or transferring obscene matter
(a) Whoever is engaged in the business of 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 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 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, §7521(a), Nov. 18, 1988, 102 Stat. 4489; amended Pub. L. 101–647, title XXXV, §3548, Nov. 29, 1990, 104 Stat. 4926.)
Amendments1990—Subsec. (b). Pub. L. 101–647 substituted “this section” for “this subsection” and “this subsection” for “subsection (b)”.
Section Referred to in Other SectionsThis section is referred to in title 19 section 1583.
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