§ 1466. — Engaging in the business of selling or transferring obscene matter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1466]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 71--OBSCENITY
Sec. 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, Sec. 7521(a), Nov. 18, 1988, 102
Stat. 4489; amended Pub. L. 101-647, title XXXV, Sec. 3548, Nov. 29,
1990, 104 Stat. 4926.)
Amendments
1990--Subsec. (b). Pub. L. 101-647 substituted ``this section'' for
``this subsection'' and ``this subsection'' for ``subsection (b)''.
Section Referred to in Other Sections
This section is referred to in title 19 section 1583.
