18 U.S.C. § 1466

Engaging in the business of selling or transferring obscene matter

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(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.(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; Pub. L. 109–248, title V, § 506(b), July 27, 2006, 120 Stat. 630.)Editorial NotesAmendments

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)”.

Notes of Decisions
Cited in 31 cases (5 in the last 5 years), 1989–2025 · leading case: Alexander v. United States
Alexander v. United States (1993) scotus · cites it 2× “§ 1465 ; and 5 counts of engaging in the business of selling obscene material, in violation of 18 U. S. C. § 1466 (1988 ed. and Supp. III).”
United States v. Rodney Skinner (1994) ca6 · cites it 3× “Defendant-Appellant Rodney Skinner (“Skinner”) appeals his conviction and sentence following a guilty plea to possession and distribution of obscene matter in violation of 18 U.S.C. §§ 1466 and 2. Skinner argues § 1466 contains an unconstitutional presumption and he also argues…”
In Re Grand Jury Investigation of Possible Violation of 18 U.S.C. § 1461 (2009) dcd · cites it 5× “Has the Government met its burden? In addition to several other obscenity statutes, the grand jury is investigating a possible violation of 18 U.S.C. § 1466 , which criminalizes the interstate or foreign shipment of obscene materials by those persons engaged in the business of…”
United States v. Alexander (1990) mnd · cites it 2× “Accordingly, defendants’ motions for dismissal of the counts based on 18 U.S.C. § 1466 should be denied. 3. Equitable Estoppel Defendants argue that this prosecution is a “sudden, unexpected, and unwarranted reactivation of prosecution” of obscenity matters by the federal…”
United States v. Arthur (2022) ca5 “§ 1462 (a) (Counts 2, 3, 4, 5, and 6); and one count of engaging in the business of selling or transferring obscene matters, in violation of 18 U.S.C. § 1466 (a) (Count 7). Counts 1, 8, and 9 were premised on drawings used as profile pictures by three authors on Arthur’s…”
Eckstein v. Cullen (1992) vaed · cites it 4× “In Count III, plaintiff asserts that the federal obscenity law, 18 U.S.C. § 1466 , is unconstitutionally vague as applied, because it fails to give her appropriate guidance regarding which sexually explicit magazines she may permissibly sell.”
Adult Video Association, Doe, Inc., Roe, Inc., Paul Poe v. William Barr, Attorney General of the United States (1992) ca9 “18 U.S.C. §§ 1466 (a), 2253(a); cf. Fort Wayne Books, 489 U.”
Kathleen L. Eckstein, Administratrix of the Estate of Harry J. Eckstein, Jr. v. Kenneth E. Melson (1994) ca4 · cites it 2× “, particularly 18 U.S.C. § 1466 , is unconstitutional under the First and Fifth Amendments.”
United States v. Brian K. Schultz (1992) ca1 “§ 1462 (a)), and (4) receive and possess obscene matter while engaged in the business of transferring obscene matter ( 18 U.S.C. § 1466 (a)), in violation of 18 U.”
Campbell v. U.S. Department of Justice (2001) dcd “The information in the "Headquarters Files” was derived from "information which indicated that he [James Baldwin] was threatening to make false charges against the FBI in an interview scheduled to air on a local TV station,” and, with respect to a book published by James…”
United States v. Ashley Richards (2014) ca5 “§ 48 ; (2) one count of engaging in the business of selling or transferring obscene matter, in violation of 18 U.S.C. § 1466 (a); and (3) one count of production and transportation of obscene matters for sale or distribution, in violation of 18 U.”
American Library Ass'n v. Thornburgh (1989) dcd “7521, 18 U.S.C. § 1466 ), making possession of child pornography with intent to distribute on federal property a criminal offense (sec.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.