§1466 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

People who run a business that makes, sells, or transfers obscene items and who knowingly get or hold those items intending to distribute them — when the items were shipped between states or from another country — can be punished by up to 5 years in prison, a federal fine, or both. “Engaged in the business” means a person who makes, sells, transfers, or offers to sell or transfer obscene material and regularly spends time doing this to try to earn money. It does not have to be their only job or actually earn a profit. Offering at one time two or more copies of any obscene publication, or two or more obscene articles, or five or more items total creates a legal assumption that the person is engaged in the business (an assumption that can be challenged).

Title 18, §1466

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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 11 So in original. Probably should be followed by a comma. 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.

Notes & Related Subsidiaries

Editorial Notes

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)”.

§1466 Engaging in the business of selling or transferring obscene matter

Summary

Title 18, §1466

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata