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The transportation as aforesaid of two or more copies of any publication or two or more of any article of the character described above, or a combined total of five such publications and articles, shall create a presumption that such publications or articles are intended for sale or distribution, but such presumption shall be rebuttable.
June 28, 1955, ch. 190, § 369 Stat. 183Pub. L. 100–690, title VII102 Stat. 4489Pub. L. 103–322, title XXXIII, § 330016(1)(K)108 Stat. 2147Pub. L. 104–104, title V, § 507(b)110 Stat. 137Pub. L. 109–248, title V, § 506(a)120 Stat. 630(Added , ; amended , §§ 7521(c), 7522(b), , , 4494; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 105–277, div. C, title XIV, § 1404(a)(2)112 Stat. 2681–739section 230(f)(2) of Title 47Section 230(e)(2) of the Communications Act of 1934, referred to in text, was redesignated section 230(f)(2) of the Communications Act of 1934 by , , , and is classified to , Telecommunications.
Amendments
Pub. L. 109–248, § 506(a)(3)2006—, inserted comma after “in or affecting such commerce” in first par.
Pub. L. 109–248, § 506(a)(2), which directed amendment of this section by inserting “produces with the intent to transport, distribute, or transmit in interstate or foreign commerce, or whoever knowingly” after “whoever knowingly” and before “transports or travels in”, was executed by making the insertion after “Whoever knowingly” and before “transports or travels in” in first par., to reflect the probable intent of Congress.
Pub. L. 109–248, § 506(a)(1), inserted “Production and” before “transportation” in section catchline.
Pub. L. 104–1041996—, in first par., substituted “transports or travels in, or uses a facility or means of,” for “transports in”, inserted “or an interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934) in or affecting such commerce” before “for the purpose of sale”, and substituted “of” for “, 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,” before “any obscene, lewd, lascivious, or filthy book”.
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $5,000” in first par.
Pub. L. 100–690, § 7521(c)1988—, inserted “, 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,” after “distribution” in first par.
Pub. L. 100–690, § 7522(b), struck out last par. which read as follows: “When any person is convicted of a violation of this Act, the court in its judgment of conviction may, in addition to the penalty prescribed, order the confiscation and disposal of such items described herein which were found in the possession or under the immediate control of such person at the time of his arrest.”
Statutory Notes and Related Subsidiaries
Construction of 1996 Amendment
Pub. L. 104–104section 507(c) of Pub. L. 104–104section 1462 of this titleAmendment by not to be interpreted as limiting or repealing any prohibition contained in sections 1462 and 1465 of this title, before such amendment, see , set out as a note under .