---
kind: "section"
citation: "18 U.S.C. § 1469"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "1469"
heading: "Presumptions"
release: "119-102"
url: "https://uscodex.org/usc/18/1469"
units:
  - "Part I — Crimes"
  - "Chapter 71 — Obscenity"
---

# §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](/usc/18/10.md), proof, by either circumstantial or direct evidence, that such matter was produced or manufactured in one [State](/usc/18/402.md) and is subsequently located in another [State](/usc/18/402.md) shall raise a rebuttable presumption that such matter was transported, shipped, or carried in [interstate commerce](/usc/18/10.md).
- (b) 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 [foreign commerce](/usc/18/10.md), proof, by either circumstantial or direct evidence, that such matter was produced or manufactured outside of the [United States](/usc/18/5.md) and is subsequently located in the [United States](/usc/18/5.md) shall raise a rebuttable presumption that such matter was transported, shipped, or carried in [foreign commerce](/usc/18/10.md).

## Source credit

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