Page:United States Statutes at Large Volume 102 Part 5.djvu/483

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PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4489

SEC. 7514. R.I.C.O. AMENDMENT.

Subsection 1961(1)(B) of title 18, United States Code, is amended by inserting after "section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity) the following: "sections 2251 through 2252 (relating to sexual exploitation of children),". CHAPTER 2—OBSCENITY SEC. 7521. ENGAGING IN THE BUSINESS OF SELLING OR TRANSFERRING OBSCENE MATTER.

(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 materiad 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).". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding after the item relating to section 1465 the following: "1466. Engaging in the business of selling or transferring obscene matter. "1467. Criminal forfeiture.". (c) TRAVEL IN COMMERCE.—The first paragraph of section

1465 of title 18, United States Code, is amended by inserting after the word distribution: ", or knowingly travels in interstate commerce, or uses a facility or means of interstate commerce for the purpose of transporting obscene material in interstate or foreign commerce,". (d) PRESUMPTIONS.—Chapter 71 of title 18, United States Code, as amended by subsection (a) of this section and by section 302, is further amended by adding at the end the following: "§ 1469. Presumptions "(a) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in interstate commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured in one State and is subsequently located in another State shall raise a

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