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

Footnotes

1. 1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Child Protection and Obscenity Enforcement Act of 1988

   Pub. L. 100–690 title VII § 7521(a) · 102 Stat. 4181

   Enacted · 18 U.S.C. § 1466

   Added Pub. L. 100–690, title VII, § 7521(a), Nov. 18, 1988, 102 Stat. 4489

   Source evidence

   Code source credit
   Added Pub. L. 100–690, title VII, § 7521(a), Nov. 18, 1988, 102 Stat. 4489

   Enacted provision · exact public law section
   (a) In General.— Chapter 71 of title 18, United States Code, is amended by inserting after section 1465 the following: “§ 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 subsection, 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 subsection (b).”.

2. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 title XXXV § 3548 · 104 Stat. 4789

   1. Substituted · 18 U.S.C. § 1466(b)

      Pub. L. 101–647 substituted “this section” for “this subsection”

   2. Substituted · 18 U.S.C. § 1466(b)

      Pub. L. 101–647 substituted “this subsection” for “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–647 substituted “this section” for “this subsection” and “this subsection” for “subsection (b)”.

   Enacted provision · exact public law section
   SEC. 3548. CORRECTION TO SECTION 1466. Section 1466(b) of title 18, United States Code, is amended— (1) by striking “this subsection” and inserting “this section”; and (2) by striking “subsection (b)” and inserting “this subsection”.

3. 2006

   Adam Walsh Child Protection and Safety Act of 2006

   Pub. L. 109–248 § 506(b)(1) · 120 Stat. 587

   Inserted · 18 U.S.C. § 1466(a)

   Pub. L. 109–248, § 506(b)(1), inserted “producing with intent to distribute or sell, or” before “selling or transferring obscene matter,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–248, § 506(b)(1), inserted “producing with intent to distribute or sell, or” before “selling or transferring obscene matter,”.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “producing with intent to distribute or sell, or” before “selling or transferring obscene matter,”;

4. 2006

   Adam Walsh Child Protection and Safety Act of 2006

   Pub. L. 109–248 § 506(b)(3) · 120 Stat. 587

   Inserted · 18 U.S.C. § 1466(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (3) in subsection (b) by inserting “production,” before “selling or transferring or offering to sell or transfer such material.”.

5. 2006

   Adam Walsh Child Protection and Safety Act of 2006

   Pub. L. 109–248 § 506(b)(2) · 120 Stat. 587

   Inserted · 18 U.S.C. § 1466(b)

   Pub. L. 109–248, § 506(b)(2), inserted “produces” before “sells or transfers or offers to sell or transfer obscene matter”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–248, § 506(b)(2), inserted “produces” before “sells or transfers or offers to sell or transfer obscene matter”.

   Enacted provision · exact public law section
   (2) in subsection (b), by inserting, “produces” before “sells or transfers or offers to sell or transfer obscene matter”; and

6 of 6 references resolved to an enrolled provision