What 18 USC § 1466 - Engaging in the Business of Selling or Transferring Obscene Matter requires
18 USC § 1466 (originally enacted by Pub. L. 100-690 the Anti-Drug Abuse Act of 1988, title VII, § 7521(a), 102 Stat. 4486) creates a federal offence specifically targeting commercial obscenity traffickers: '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'; the statute defines 'engaged in the business' to mean devoting time, attention, or labor to such activities as a regular course of trade or business with the objective of earning a profit, though actual profit is not required, nor must such activity be the person's primary income source; a rebuttable presumption of being 'engaged in the business' applies when someone offers two or more copies of obscene publications or a combined total of five or more obscene publications and articles simultaneously; § 1466 is the targeted commercial-volume companion to the general § 1465 production/transportation statute, designed to capture systematic adult bookstore, mail-order, and online distribution operations rather than isolated transactions.
Pillar: Adult Industry & Sexual Content Compliance · Authority: United States Congress (Anti-Drug Abuse Act of 1988, Pub. L. 100-690, title VII, § 7521(a), 102 Stat. 4486 - codified at 18 USC § 1466) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/18/1466
SHA-256 integrity: 22b4826b83d11fecc32bb7b844947db53f9a1463daccf4b8fa893093aff43ac4
Primary Citations — 5 traced to source
- 18 USC § 1466(a) ENGAGING IN THE BUSINESS OFFENCE: '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.'
- 18 USC § 1466(b) DEFINITION OF ENGAGED IN THE BUSINESS: '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 producing, selling, or transferring or offering to sell or transfer such material be the persons sole or principal business or source of income.'
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