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18 USC CHAPTER 83 - POSTAL SERVICE 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

.

-HEAD-

CHAPTER 83 - POSTAL SERVICE

-MISC1-

Sec.

1691. Laws governing postal savings.

1692. Foreign mail as United States mail.

1693. Carriage of mail generally.

1694. Carriage of matter out of mail over post routes.

1695. Carriage of matter out of mail on vessels.

1696. Private express for letters and packets.

1697. Transportation of persons acting as private express.

1698. Prompt delivery of mail from vessel.

1699. Certification of delivery from vessel.

1700. Desertion of mails.

1701. Obstruction of mails generally.

1702. Obstruction of correspondence.

1703. Delay or destruction of mail or newspapers.

1704. Keys or locks stolen or reproduced.

1705. Destruction of letter boxes or mail.

1706. Injury to mail bags.

1707. Theft of property used by Postal Service.

1708. Theft or receipt of stolen mail matter generally.

1709. Theft of mail matter by officer or employee.

1710. Theft of newspapers.

1711. Misappropriation of postal funds.

1712. Falsification of postal returns to increase compensation.

1713. Issuance of money orders without payment.

(1714. Repealed.)

1715. Firearms as nonmailable; regulations.

1716. Injurious articles as nonmailable.

1716A. Nonmailable locksmithing devices and motor vehicle master

keys.

1716B. Nonmailable plants.

1716C. Forged agricultural certifications.

1716D. Nonmailable injurious animals, plant pests, plants, and

illegally taken fish, wildlife, and plants.

1717. Letters and writings as nonmailable.

(1718. Repealed.)

1719. Franking privilege.

1720. Canceled stamps and envelopes.

1721. Sale or pledge of stamps.

1722. False evidence to secure second-class rate.

1723. Avoidance of postage by using lower class matter.

1724. Postage on mail delivered by foreign vessels.

1725. Postage unpaid on deposited mail matter.

1726. Postage collected unlawfully.

(1727. Repealed.)

1728. Weight of mail increased fraudulently.

1729. Post office conducted without authority.

1730. Uniforms of carriers.

1731. Vehicles falsely labeled as carriers.

1732. Approval of bond or sureties by postmaster.

1733. Mailing periodical publications without prepayment of

postage.

1734. Editorials and other matter as ''advertisements''.

1735. Sexually oriented advertisements.

1736. Restrictive use of information.

1737. Manufacturer of sexually related mail matter.

(1738. Repealed.)

AMENDMENTS

2000 - Pub. L. 106-578, Sec. 4, Dec. 28, 2000, 114 Stat. 3076,

struck out item 1738 ''Mailing private identification documents

without a disclaimer''.

1994 - Pub. L. 103-322, title XXXII, Sec. 320108(b)(2), Sept. 13,

1994, 108 Stat. 2113, added item 1716D.

1990 - Pub. L. 101-647, title XII, Sec. 1210(b), (c), title XXXV,

Sec. 3552(b), Nov. 29, 1990, 104 Stat. 4832, 4926, struck out item

1714 ''Foreign divorce information as nonmailable'', struck out '';

opening letters'' after ''nonmailable'' in item 1717, and struck

out item 1718 ''Libelous matter on wrappers or envelopes''.

1988 - Pub. L. 100-690, title VII, Sec. 7090(d), Nov. 18, 1988,

102 Stat. 4410, inserted ''locksmithing devices and'' before

''motor'' in item 1716A.

Pub. L. 100-574, Sec. 1(b)(2), 2(b), Oct. 31, 1988, 102 Stat.

2893, added items 1716B and 1716C.

1982 - Pub. L. 97-398, Sec. 4(b), Dec. 31, 1982, 96 Stat. 2011,

added item 1738.

1970 - Pub. L. 91-375, Sec. 6(j)(19)(B), (36)(B), (37)(B), Aug.

12, 1970, 84 Stat. 778, 780, 781, substituted ''officer'' for

''postmaster'' in item 1709 and ''Mailing periodical publications

without prepayment of postage'' for ''Affidavits relating to second

class mail'' in item 1733, and added items 1735 to 1737.

1968 - Pub. L. 90-560, Sec. 2(2), Oct. 12, 1968, 82 Stat. 997,

added item 1716A.

Pub. L. 90-384, Sec. 1(b), July 5, 1968, 82 Stat. 292, struck out

item 1727 ''Postage accounting''.

1960 - Pub. L. 86-682, Sec. 8, Sept. 2, 1960, 74 Stat. 706, added

items 1733 and 1734.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 39 sections 1008, 3001.

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18 USC Sec. 1691 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1691. Laws governing postal savings

-STATUTE-

All the safeguards provided by law for the protection of public

moneys, and all statutes relating to the embezzlement, conversion,

improper handling, retention, use, or disposal of postal and

money-order funds, false returns of postal and money-order

business, forgery, counterfeiting, alteration, improper use or

handling of postal and money-order blanks, forms, vouchers,

accounts, and records, and the dies, plates, and engravings

therefor, with the punishments provided for such offenses are

extended and made applicable to postal savings depository business

and funds and related matters.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 776.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 765 of title 39, U.S.C., 1940 ed., The Postal

Service (June 25, 1910, ch. 386, Sec. 15, 36 Stat. 818).

Changes of phraseology were made without change of substance.

-CITE-

18 USC Sec. 1692 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1692. Foreign mail as United States mail

-STATUTE-

Every foreign mail, while being transported across the territory

of the United States under authority of law, is mail of the United

States, and any depredation thereon, or offense in respect thereto,

shall be punishable as though it were United States mail.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 776.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 359 (Mar. 4, 1909, ch.

321, Sec. 229, 35 Stat. 1134).

Minor changes were made in phraseology and obvious surplusage

omitted.

-CITE-

18 USC Sec. 1693 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1693. Carriage of mail generally

-STATUTE-

Whoever, being concerned in carrying the mail, collects,

receives, or carries any letter or packet, contrary to law, shall

be fined under this title or imprisoned not more than thirty days,

or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 776; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 303 (Mar. 4, 1909, ch.

321, Sec. 180, 35 Stat. 1123).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $50''.

-CITE-

18 USC Sec. 1694 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1694. Carriage of matter out of mail over post routes

-STATUTE-

Whoever, having charge or control of any conveyance operating by

land, air, or water, which regularly performs trips at stated

periods on any post route, or from one place to another between

which the mail is regularly carried, carries, otherwise than in the

mail, any letters or packets, except such as relate to some part of

the cargo of such conveyance, or to the current business of the

carrier, or to some article carried at the same time by the same

conveyance, shall, except as otherwise provided by law, be fined

under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 776; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 307 (Mar. 4, 1909, ch.

321, Sec. 184, 35 Stat. 1124).

Words ''by land, air, or water'' were substituted for

''stagecoach, railway car, steamboat'' with necessary minor changes

in phraseology.

Enumeration of persons having charge was omitted as unnecessary.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $50''.

STUDY OF PRIVATE CARRIAGE OF MAIL; REPORTS TO PRESIDENT AND

CONGRESS

Congressional findings of need for study and reevaluation of

restrictions on private carriage of letters and packets contained

in this section and submission by United States Postal Service of

reports to President and Congress for modernization of law,

regulations, and administrative practices, see section 7 of Pub. L.

91-375, set out as a note under section 601 of Title 39, Postal

Service.

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18 USC Sec. 1695 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1695. Carriage of matter out of mail on vessels

-STATUTE-

Whoever carries any letter or packet on board any vessel which

carries the mail, otherwise than in such mail, shall, except as

otherwise provided by law, be fined under this title or imprisoned

not more than thirty days, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 308 (Mar. 4, 1909, ch.

321, Sec. 185, 35 Stat. 1124).

The words ''thirty days'' were substituted for ''one month,'' to

make the term of imprisonment more definite and to conform to other

comparable sections. (See section 1693 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $50''.

STUDY OF PRIVATE CARRIAGE OF MAIL; REPORTS TO PRESIDENT AND

CONGRESS

Congressional findings of need for study and reevaluation of

restrictions on private carriage of letters and packets contained

in this section and submission by United States Postal Service of

reports to President and Congress for modernization of law,

regulations, and administrative practices, see section 7 of Pub. L.

91-375, set out as a note under section 601 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1696 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1696. Private express for letters and packets

-STATUTE-

(a) Whoever establishes any private express for the conveyance of

letters or packets, or in any manner causes or provides for the

conveyance of the same by regular trips or at stated periods over

any post route which is or may be established by law, or from any

city, town, or place to any other city, town, or place, between

which the mail is regularly carried, shall be fined not more than

$500 or imprisoned not more than six months, or both.

This section shall not prohibit any person from receiving and

delivering to the nearest post office, postal car, or other

authorized depository for mail matter any mail matter properly

stamped.

(b) Whoever transmits by private express or other unlawful means,

or delivers to any agent thereof, or deposits at any appointed

place, for the purpose of being so transmitted any letter or

packet, shall be fined under this title.

(c) This chapter shall not prohibit the conveyance or

transmission of letters or packets by private hands without

compensation, or by special messenger employed for the particular

occasion only. Whenever more than twenty-five such letters or

packets are conveyed or transmitted by such special messenger, the

requirements of section 601 of title 39, shall be observed as to

each piece.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 91-375, Sec.

6(j)(14), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 304, 306, 309 (Mar. 4,

1909, ch. 321, Sec. 181, 183, 186, 35 Stat. 1123, 1124; June 22,

1934, ch. 716, 48 Stat. 1207).

Section consolidates sections 304, 306, and 309 of title 18,

U.S.C., 1940 ed. Reference to persons causing, procuring, aiding

or assisting was omitted as such persons are principals under

section 2 of this title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $50''.

1970 - Subsec. (c). Pub. L. 91-375 substituted ''section 601 of

title 39'' for ''section 500 of title 39''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

STUDY OF PRIVATE CARRIAGE OF MAIL; REPORTS TO PRESIDENT AND

CONGRESS

Congressional findings of need for study and reevaluation of

restrictions on private carriage of letters and packets contained

in this section and submission by United States Postal Service of

reports to President and Congress for modernization of law,

regulations, and administrative practices, see section 7 of Pub. L.

91-375, set out as a note under section 601 of Title 39, Postal

Service.

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18 USC Sec. 1697 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1697. Transportation of persons acting as private express

-STATUTE-

Whoever, having charge or control of any conveyance operating by

land, air, or water, knowingly conveys or knowingly permits the

conveyance of any person acting or employed as a private express

for the conveyance of letters or packets, and actually in

possession of the same for the purpose of conveying them contrary

to law, shall be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(C), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 305 (Mar. 4, 1909, ch.

321, Sec. 182, 35 Stat. 1124).

Same changes were made as in section 1694 of this title.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $150''.

-CITE-

18 USC Sec. 1698 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1698. Prompt delivery of mail from vessel

-STATUTE-

Whoever, having charge or control of any vessel passing between

ports or places in the United States, and arriving at any such port

or place where there is a post office, fails to deliver to the

postmaster or at the post office, within three hours after his

arrival, if in the daytime, and if at night, within two hours after

the next sunrise, all letters and packages brought by him or within

his power or control and not relating to the cargo, addressed to or

destined for such port or place, shall be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 103-322, title

XXXIII, Sec. 330004(10), 330016(1)(C), Sept. 13, 1994, 108 Stat.

2141, 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed. Sec. 323 (Mar. 4, 1909, ch.

321, Sec. 200, 35 Stat. 1126).

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322, Sec. 330016(1)(C), substituted ''fined

under this title'' for ''fined not more than $150''.

Pub. L. 103-322, Sec. 330004(10), struck out second par. which

read as follows: ''For each letter or package so delivered he shall

receive two cents unless the same is carried under contract.''

-CITE-

18 USC Sec. 1699 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1699. Certification of delivery from vessel

-STATUTE-

No vessel arriving within a port or collection district of the

United States shall be allowed to make entry or break bulk until

all letters on board are delivered to the nearest post office,

except where waybilled for discharge at other ports in the United

States at which the vessel is scheduled to call and the Postal

Service does not determine that unreasonable delay in the mails

will occur, and the master or other person having charge or control

thereof has signed and sworn to the following declaration before

the collector or other proper customs officer:

I, A. B., master _ _ _, of the _ _ _, arriving from _ _ _, and

now lying in the port of _ _ _, do solemnly swear (or affirm) that

I have to the best of my knowledge and belief delivered to the post

office at _ _ _ every letter and every bag, packet, or parcel of

letters on board the said vessel during her last voyage, or in my

possession or under my power or control, except where waybilled for

discharge at other ports in the United States at which the said

vessel is scheduled to call and which the Postal Service has not

determined will be unreasonably delayed by remaining on board the

said vessel for delivery at such ports.

Whoever, being the master or other person having charge or

control of such vessel, breaks bulk before he has arranged for such

delivery or onward carriage, shall be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 777; July 3, 1952, ch. 553, 66

Stat. 325; Pub. L. 91-375, Sec. 6(j)(15), Aug. 12, 1970, 84 Stat.

778; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(B), Sept. 13,

1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 327 (Mar. 4, 1909, ch.

321, Sec. 204, 35 Stat. 1127).

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $100'' in last par.

1970 - Pub. L. 91-375 substituted ''Postal Service'' for

''Postmaster General'' in two places.

1952 - Act July 3, 1952, provided for only the unloading of mail

from a vessel as can be expedited by discharge at such port.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-TRANS-

TRANSFER OF FUNCTIONS

Offices of collector of customs, comptroller of customs, surveyor

of customs, and appraiser of merchandise in Bureau of Customs of

Department of the Treasury to which appointments were required to

be made by President with advice and consent of Senate were ordered

abolished, with such offices to be terminated not later than Dec.

31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R.

7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of offices eliminated were

already vested in Secretary of the Treasury by Reorg. Plan No. 26

of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out

in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 602.

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18 USC Sec. 1700 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1700. Desertion of mails

-STATUTE-

Whoever, having taken charge of any mail, voluntarily quits or

deserts the same before he has delivered it into the post office at

the termination of the route, or to some known mail carrier,

messenger, agent, or other employee in the Postal Service

authorized to receive the same, shall be fined under this title or

imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 322 (Mar. 4, 1909, ch.

321, Sec. 199, 35 Stat. 1126).

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

-CITE-

18 USC Sec. 1701 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1701. Obstruction of mails generally

-STATUTE-

Whoever knowingly and willfully obstructs or retards the passage

of the mail, or any carrier or conveyance carrying the mail, shall

be fined under this title or imprisoned not more than six months,

or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 324, 325 (Mar. 4, 1909,

ch. 321, Sec. 201, 202, 35 Stat. 1127).

Sections 324 and 325 of title 18, U.S.C., 1940 ed., were

consolidated with changes of phraseology necessary to effect

consolidation.

Words ''carriage, horse, driver or'', ''car, steamboat'', and

''or vessel'' were omitted as covered by ''any carrier or

conveyance''.

The punishment provision is derived from said section 324 rather

than from section 325 which provided only a fine of not more than

$100 and related only to ferrymen.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $100''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 1008.

-CITE-

18 USC Sec. 1702 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1702. Obstruction of correspondence

-STATUTE-

Whoever takes any letter, postal card, or package out of any post

office or any authorized depository for mail matter, or from any

letter or mail carrier, or which has been in any post office or

authorized depository, or in the custody of any letter or mail

carrier, before it has been delivered to the person to whom it was

directed, with design to obstruct the correspondence, or to pry

into the business or secrets of another, or opens, secretes,

embezzles, or destroys the same, shall be fined under this title or

imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 317 (Mar. 4, 1909, ch.

321, Sec. 194, 35 Stat. 1125; Feb. 25, 1925, ch. 318, 43 Stat. 977;

Aug. 26, 1935, ch. 693, 49 Stat. 867; Aug. 7, 1939, ch. 557, 53

Stat. 1256).

Section 317 of said title 18, U.S.C., 1940 ed., was incorporated

in this and section 1708 of this title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000''.

-CITE-

18 USC Sec. 1703 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1703. Delay or destruction of mail or newspapers

-STATUTE-

(a) Whoever, being a Postal Service officer or employee,

unlawfully secretes, destroys, detains, delays, or opens any

letter, postal card, package, bag, or mail entrusted to him or

which shall come into his possession, and which was intended to be

conveyed by mail, or carried or delivered by any carrier or other

employee of the Postal Service, or forwarded through or delivered

from any post office or station thereof established by authority of

the Postmaster General or the Postal Service, shall be fined under

this title or imprisoned not more than five years, or both.

(b) Whoever, being a Postal Service officer or employee,

improperly detains, delays, or destroys any newspaper, or permits

any other person to detain, delay, or destroy the same, or opens,

or permits any other person to open, any mail or package of

newspapers not directed to the office where he is employed; or

Whoever, without authority, opens, or destroys any mail or

package of newspapers not directed to him, shall be fined under

this title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 778; May 24, 1949, ch. 139, Sec.

37, 63 Stat. 95; Pub. L. 91-375, Sec. 6(j)(16), Aug. 12, 1970, 84

Stat. 778; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(B), (G),

Sept. 13, 1994, 108 Stat. 2146, 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 318, 319 (Mar. 4, 1909,

ch. 321, Sec. 195, 196, 35 Stat. 1125, 1126).

Section consolidated sections 318 and 319 of said title 18,

U.S.C., 1940 ed. The embezzlement and theft provisions of each

were incorporated in sections 1709 and 1710 of this title.

Minor changes were made in phraseology.

1949 ACT

This section (section 37) corrects typographical errors in

section 1703 of title 18, U.S.C.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500'' in subsec. (a) and ''fined under this

title'' for ''fined not more than $100'' in last par.

1970 - Subsec. (a). Pub. L. 91-375, Sec. 6(j)(16)(A), amended

subsec. (a) generally, which prior to amendment read as follows:

''Whoever, being a postmaster or Postal Service employee,

unlawfully detains, delays, or opens any letter, postal card,

package, bag, or mail intrusted to him or which shall come into his

possession, and which was intended to be conveyed by mail, or

carried or delivered by any carrier or other employee of the Postal

Service, or forwarded through or delivered from any post office or

station thereof established by authority of the Postmaster General;

or secretes, or destroys any such letter, postal card, package,

bag, or mail, shall be fined not more than $500 or imprisoned not

more than five years, or both.''

Subsec. (b). Pub. L. 91-375, Sec. 6(j)(16)(B), substituted

''Postal Service officer or employee'' for ''postmaster or Postal

Service employee''.

1949 - Subsec. (a). Act May 24, 1949, Sec. 37(a), substituted

''secretes'' for ''secrets''.

Subsec. (b). Act May 24, 1949, Sec. 37(b), substituted

''newspapers'' for ''newspaper''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1704 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1704. Keys or locks stolen or reproduced

-STATUTE-

Whoever steals, purloins, embezzles, or obtains by false pretense

any key suited to any lock adopted by the Post Office Department or

the Postal Service and in use on any of the mails or bags thereof,

or any key to any lock box, lock drawer, or other authorized

receptacle for the deposit or delivery of mail matter; or

Whoever knowingly and unlawfully makes, forges, or counterfeits

any such key, or possesses any such mail lock or key with the

intent unlawfully or improperly to use, sell, or otherwise dispose

of the same, or to cause the same to be unlawfully or improperly

used, sold, or otherwise disposed of; or

Whoever, being engaged as a contractor or otherwise in the

manufacture of any such mail lock or key, delivers any finished or

unfinished lock or the interior part thereof, or key, used or

designed for use by the department, to any person not duly

authorized under the hand of the Postmaster General and the seal of

the Post Office Department or the Postal Service, to receive the

same, unless the person receiving it is the contractor for

furnishing the same or engaged in the manufacture thereof in the

manner authorized by the contract, or the agent of such

manufacturer -

Shall be fined under this title or imprisoned not more than ten

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 778; Pub. L. 91-375, Sec.

6(j)(17), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 314 (Mar. 4, 1909, ch.

321, Sec. 191, 35 Stat. 1125).

Reference to persons aiding, causing or assisting was omitted.

Such persons are principals under section 2 of this title.

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500'' in last par.

1970 - Pub. L. 91-375 inserted ''or the Postal Service'' after

''Post Office Department'' in first and third pars.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1705 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1705. Destruction of letter boxes or mail

-STATUTE-

Whoever willfully or maliciously injures, tears down or destroys

any letter box or other receptacle intended or used for the receipt

or delivery of mail on any mail route, or breaks open the same or

willfully or maliciously injures, defaces or destroys any mail

deposited therein, shall be fined under this title or imprisoned

not more than three years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 779; May 24, 1949, ch. 139, Sec.

38, 63 Stat. 95; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),

Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107-273, div. B, title

III, Sec. 3002(a)(2), Nov. 2, 2002, 116 Stat. 1805.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 321 (Mar. 4, 1909, ch.

321, Sec. 198, 35 Stat. 1126; May 18, 1916, ch. 126, Sec. 10, 39

Stat. 162; July 28, 1916, ch. 261, Sec. 1, 39 Stat. 418; May 7,

1934, ch. 220, Sec. 1, 48 Stat. 667).

Words ''or shall willfully take or steal such mail from or out of

such letter box or other receptacle'' were omitted as covered by

section 1702 of this title. Prosecutions for theft of mail matter

are invariably made under that section whereas this section is used

as basis for prosecutions for malicious mischief to mail boxes or

receptacles. By Postal Regulations (1928), section 700, paragraph

2, an ordinary letter box is within this section and also section

1702 of this title. Huebner v. United States (C.C.A. 1928, 28 F.

2d 929).

Reference to persons assisting or aiding was omitted. Such

persons are principals under definitive section 2 of this title.

Minor changes were made in phraseology.

1949 ACT

As amended by this section (section 38) of the bill, section 1705

of title 18, U.S.C., is brought more closely into conformity with

the original statute from which it was derived by eliminating an

inadvertent reference to a ''conveyance'' which was not in the

original statute. (See S. Rept. No. 133, 81st Cong.)

AMENDMENTS

2002 - Pub. L. 107-273 inserted '', or both'' after ''years''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

1949 - Act May 24, 1949, struck out reference to a ''conveyance''

which was not in original statute.

-CITE-

18 USC Sec. 1706 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1706. Injury to mail bags

-STATUTE-

Whoever tears, cuts, or otherwise injures any mail bag, pouch, or

other thing used or designed for use in the conveyance of the mail,

or draws or breaks any staple or loosens any part of any lock,

chain, or strap attached thereto, with intent to rob or steal any

such mail, or to render the same insecure, shall be fined under

this title or imprisoned not more than three years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 779; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 312 (Mar. 4, 1909, ch.

321, Sec. 189, 35 Stat. 1124).

A fine of ''$1,000'' was substituted for ''$500'' thus increasing

the maximum to correspond with other comparable sections. (See

section 1705 of this title.)

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-CITE-

18 USC Sec. 1707 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1707. Theft of property used by Postal Service

-STATUTE-

Whoever steals, purloins, or embezzles any property used by the

Postal Service, or appropriates any such property to his own or any

other than its proper use, or conveys away any such property to the

hindrance or detriment of the public service, shall be fined under

this title or imprisoned not more than three years, or both; but if

the value of such property does not exceed $1,000, he shall be

fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 779; Pub. L. 91-375, Sec.

6(j)(18), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), (H), Sept. 13, 1994, 108 Stat. 2147;

Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat.

3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 313 (Mar. 4, 1909, ch.

321, Sec. 190, 35 Stat. 1124).

The phrase ''used by'' was substituted for ''in use by or

belonging to'' in order to limit the application of the section to

property used by the Post Office Department. Theft of public

property belonging to governmental departments is covered by

section 641 of this title.

A fine of ''$1,000'' was substituted for ''$200,'' thus

increasing the maximum to conform with other comparable sections.

(See section 1705 of this title.)

The smaller penalty for an offense involving property valued at

$100 or less was added. (See reviser's notes under sections 641 and

645 of this title.)

Minor changes in phraseology were made.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' after ''service, shall be'' and for

''fined not more than $500'' after ''he shall be''.

1970 - Pub. L. 91-375 substituted ''Postal Service'' for ''Post

Office Department''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1708 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1708. Theft or receipt of stolen mail matter generally

-STATUTE-

Whoever steals, takes, or abstracts, or by fraud or deception

obtains, or attempts so to obtain, from or out of any mail, post

office, or station thereof, letter box, mail receptacle, or any

mail route or other authorized depository for mail matter, or from

a letter or mail carrier, any letter, postal card, package, bag, or

mail, or abstracts or removes from any such letter, package, bag,

or mail, any article or thing contained therein, or secretes,

embezzles, or destroys any such letter, postal card, package, bag,

or mail, or any article or thing contained therein; or

Whoever steals, takes, or abstracts, or by fraud or deception

obtains any letter, postal card, package, bag, or mail, or any

article or thing contained therein which has been left for

collection upon or adjacent to a collection box or other authorized

depository of mail matter; or

Whoever buys, receives, or conceals, or unlawfully has in his

possession, any letter, postal card, package, bag, or mail, or any

article or thing contained therein, which has been so stolen,

taken, embezzled, or abstracted, as herein described, knowing the

same to have been stolen, taken, embezzled, or abstracted -

Shall be fined under this title or imprisoned not more than five

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 779; May 24, 1949, ch. 139, Sec.

39, 63 Stat. 95; July 1, 1952, ch. 535, 66 Stat. 314; Pub. L.

103-322, title XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat.

2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 317, 321 (Mar. 4, 1909,

ch. 321, Sec. 194, 198, 35 Stat. 1125, 1126; May 18, 1916, ch. 126,

Sec. 10, 39 Stat. 162; July 28, 1916, ch. 261, Sec. 1, 39 Stat.

418; Feb. 25, 1925, ch. 318, 43 Stat. 977; May 7, 1934, ch. 220,

Sec. 1, 48 Stat. 667; Aug. 26, 1935, ch. 693, 49 Stat. 867; Aug. 7,

1939, ch. 557, 53 Stat. 1256).

Each of these two sections has been divided. Provisions relating

to theft or larceny of mail were placed in this section.

Words ''letter box, mail receptacle, or any mail route'' are from

section 321 of title 18, U.S.C., 1940 ed. Such receptacles are

authorized depositaries. (See Rosen v. United States, N.Y. 1917,

38 S.Ct. 148, 245 U.S. 467, 62 L.Ed. 406, and Foster v. Biddle,

C.C.A. Kan. 1926, 14 F.2d 280, involving indictment under section

317 of title 18, U.S.C., 1940 ed.) No cases are reported of

prosecutions for mail theft under section 321 of title 18, U.S.C.,

1940 ed., which relates primarily to malicious mischief respecting

letter boxes.

Language omitted from section 317 of title 18, U.S.C., 1940 ed.,

and all of section 321 of title 18, U.S.C., 1940 ed., except that

above quoted, was incorporated in sections 1702 and 1705 of this

title.

Words ''or aids in buying, receiving, or concealing'' were

omitted as unnecessary in view of the definition of principal in

section 2 of this title.

The smaller penalty for an offense involving $100 or less was

added. (See sections 641 and 645 of this title.)

Minor changes were made in phraseology.

1949 ACT

This section (section 39) corrects a typographical error in

section 1708 of title 18, U.S.C.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000'' in last par.

1952 - Act July 1, 1952, made any thefts or receipt of stolen

mail a felony regardless of the monetary value of the thing stolen.

1949 - Act May 24, 1949, substituted ''buys'' for ''buy'' in

third par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1956 of this title; title

39 section 1008.

-CITE-

18 USC Sec. 1709 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1709. Theft of mail matter by officer or employee

-STATUTE-

Whoever, being a Postal Service officer or employee, embezzles

any letter, postal card, package, bag, or mail, or any article or

thing contained therein entrusted to him or which comes into his

possession intended to be conveyed by mail, or carried or delivered

by any carrier, messenger, agent, or other person employed in any

department of the Postal Service, or forwarded through or delivered

from any post office or station thereof established by authority of

the Postmaster General or of the Postal Service; or steals,

abstracts, or removes from any such letter, package, bag, or mail,

any article or thing contained therein, shall be fined under this

title or imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec.

6(j)(19)(A), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 318 (Mar. 4, 1909, ch.

321, Sec. 195, 35 Stat. 1125).

The provisions of said section 318 of title 18, U.S.C., 1940 ed.,

were incorporated in this section and section 1703 of this title.

The fine of ''$500'' was increased to ''$2,000'' as more

proportionate to the imprisonment provision and to conform with

other comparable sections. (See sections 1702 and 1708 of this

title.)

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000''.

1970 - Pub. L. 91-375 substituted ''officer'' for ''postmaster''

in section catchline, and in text substituted ''Postal Service

officer or employee'' for ''postmaster or Postal Service employee''

and ''entrusted'' for ''intrusted'' and inserted ''or of the Postal

Service'' after ''Postmaster General''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1710 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1710. Theft of newspapers

-STATUTE-

Whoever, being a Postal Service officer or employee, takes or

steals any newspaper or package of newspapers from any post office

or from any person having custody thereof, shall be fined under

this title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec.

6(j)(20), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 319 (Mar. 4, 1909, ch.

321, Sec. 196, 35 Stat. 1126).

Theft provisions alone are retained in this section. Those

relating to other offenses were incorporated in section 1703 of

this title.

Words ''mail or'' following ''steals any'' were omitted as

covered by section 1709 of this title.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $100''.

1970 - Pub. L. 91-375 substituted ''Postal Service officer or

employee'' for ''postmaster or Postal Service employee''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1711 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1711. Misappropriation of postal funds

-STATUTE-

Whoever, being a Postal Service officer or employee, loans, uses,

pledges, hypothecates, or converts to his own use, or deposits in

any bank, or exchanges for other funds or property, except as

authorized by law, any money or property coming into his hands or

under his control in any manner, in the execution or under color of

his office, employment, or service, whether or not the same shall

be the money or property of the United States; or fails or refuses

to remit to or deposit in the Treasury of the United States or in a

designated depository, or to account for or turn over to the proper

officer or agent, any such money or property, when required to do

so by law or the regulations of the Postal Service, or upon demand

or order of the Postal Service, either directly or through a duly

authorized officer or agent, is guilty of embezzlement; and every

such person, as well as every other person advising or knowingly

participating therein, shall be fined under this title or in a sum

equal to the amount or value of the money or property embezzled,

whichever is greater, or imprisoned not more than ten years, or

both; but if the amount or value thereof does not exceed $1,000, he

shall be fined under this title or imprisoned not more than one

year, or both.

This section shall not prohibit any Postal Service officer or

employee from depositing, under the direction of the Postal

Service, in a national bank designated by the Secretary of the

Treasury for that purpose, to his own credit as Postal Service

officer or employee, any funds in his charge, nor prevent his

negotiating drafts or other evidences of debt through such bank, or

through United States disbursing officers, or otherwise, when

instructed or required so to do by the Postal Service, for the

purpose of remitting surplus funds from one post office to another.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec.

6(j)(21), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 355 (Mar. 4, 1909, ch.

321, Sec. 225, 35 Stat. 1133; June 10, 1921, ch. 18, Sec. 304, 42

Stat. 24).

Said section 355 was divided into two sections, this section and

section 3498 of this title.

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes under sections 641 and 645 of this

title.)

Changes of phraseology only were made.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100'' in

first par.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), in first par.,

substituted ''be fined under this title or in a sum equal to the

amount or value of the money or property embezzled, whichever is

greater, or imprisoned'' for ''be fined in a sum equal to the

amount or value of the money or property embezzled or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), in first par., substituted

''fined under this title'' for ''fined not more than $1,000'' after

''he shall be''.

1970 - Pub. L. 91-375 substituted ''Postal Service officer or

employee'' and ''Postal Service'' for ''postmaster or Postal

Service employee'' and ''Post Office Department'' in first par.,

''Postal Service officer or employee'' for ''Postmaster'' in two

places in second par., and ''Postal Service'' for ''Postmaster

General'' once in first par. after ''order of the'' and twice in

second par., respectively.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1712 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1712. Falsification of postal returns to increase compensation

-STATUTE-

Whoever, being a Postal Service officer or employee, makes a

false return, statement, or account to any officer of the United

States, or makes a false entry in any record, book, or account,

required by law or the rules or regulations of the Postal Service

to be kept in respect of the business or operations of any post

office or other branch of the Postal Service, for the purpose of

fraudulently increasing his compensation or the compensation of the

postmaster or any employee in a post office; or

Whoever, being a Postal Service officer or employee in any post

office or station thereof, for the purpose of increasing the

emoluments or compensation of his office, induces, or attempts to

induce, any person to deposit mail matter in, or forward in any

manner for mailing at, the office where such officer or employee is

employed, knowing such matter to be properly mailable at another

post office -

Shall be fined under this title or imprisoned not more than two

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec.

6(j)(22), Aug. 12, 1970, 84 Stat. 779; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 329 and on section 172

of title 39, U.S.C., 1940 ed., The Postal Service (Aug. 4, 1886,

ch. 901, Sec. 3, 24 Stat. 221; Mar. 4, 1909, ch. 321, Sec. 206, 35

Stat. 1128; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).

Said sections were consolidated.

The texts of the two sections were substantially identical except

that said section 172 of title 39, U.S.C., 1940 ed., provided that

''whenever, upon evidence deemed satisfactory to him, the

Postmaster General shall determine that any such false return has

been made, he may, by order, fix absolutely the compensation of the

postmaster for such special delivery during any quarter or quarters

which he shall deem affected by such false return, and the General

Accounting Office shall adjust the postmaster's account

accordingly'', the words ''General Accounting Office'' having been

substituted for ''Auditor'' on the authority of the act of June 10,

1921, shown in the credits above. This particular language was

omitted because such powers and duties as it prescribes would

devolve upon the Postmaster General without legislation and also

because said section 172 of Title 39, which was derived from the

act of August 4, 1886, shown in the credits above, was impliedly

repealed by the general repealing clause of section 341 of the

Criminal Code of 1909. Section 208 of that Code contained the

provisions which formed the basis for said section 329 of Title 18.

Reference in said section 329 of title 18, U.S.C., 1940 ed., to

persons assisting, causing or procuring was omitted as unnecessary

in view of definition of ''principal'' in section 2 of this title.

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500'' in last par.

1970 - Pub. L. 91-375 substituted ''Postal Service officer or

employee'' for ''postmaster or Postal Service employee'' and

''Postal Service'' for ''Post Office Department'' after ''rules or

regulations of the'' in first par. and ''Postal Service officer or

employee'' and ''officer or employee'' for ''postmaster or

employee'' and ''postmaster or other person'' in second par.,

respectively.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1713 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1713. Issuance of money orders without payment

-STATUTE-

Whoever, being an officer or employee of the Postal Service,

issues a money order without having previously received the money

therefor, shall be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 781; Pub. L. 91-375, Sec.

6(j)(23), Aug. 12, 1970, 84 Stat. 779; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 333 (Mar. 4, 1909, ch.

321, Sec. 210, 35 Stat. 1129).

Minor change was made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

1970 - Pub. L. 91-375 substituted ''an officer or employee of the

Postal Service'' for ''a postmaster or other person employed in any

branch of the Postal Service''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1714 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

(Sec. 1714. Repealed. Pub. L. 101-647, title XII, Sec. 1210(b),

Nov. 29, 1990, 104 Stat. 4832)

-MISC1-

Section, act June 25, 1948, ch. 645, 62 Stat. 781, provided that

certain foreign divorce information was nonmailable.

-CITE-

18 USC Sec. 1715 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1715. Firearms as nonmailable; regulations

-STATUTE-

Pistols, revolvers, and other firearms capable of being concealed

on the person are nonmailable and shall not be deposited in or

carried by the mails or delivered by any officer or employee of the

Postal Service. Such articles may be conveyed in the mails, under

such regulations as the Postal Service shall prescribe, for use in

connection with their official duty, to officers of the Army, Navy,

Air Force, Coast Guard, Marine Corps, or Organized Reserve Corps;

to officers of the National Guard or Militia of a State, Territory,

Commonwealth, Possession, or District; to officers of the United

States or of a State, Territory, Commonwealth, Possession, or

District whose official duty is to serve warrants of arrest or

commitments; to employees of the Postal Service; to officers and

employees of enforcement agencies of the United States; and to

watchmen engaged in guarding the property of the United States, a

State, Territory, Commonwealth, Possession, or District. Such

articles also may be conveyed in the mails to manufacturers of

firearms or bona fide dealers therein in customary trade shipments,

including such articles for repairs or replacement of parts, from

one to the other, under such regulations as the Postal Service

shall prescribe.

Whoever knowingly deposits for mailing or delivery, or knowingly

causes to be delivered by mail according to the direction thereon,

or at any place to which it is directed to be delivered by the

person to whom it is addressed, any pistol, revolver, or firearm

declared nonmailable by this section, shall be fined under this

title or imprisoned not more than two years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 781; May 24, 1949, ch. 139, Sec.

40, 63 Stat. 95; Pub. L. 91-375, Sec. 6(j)(24), Aug. 12, 1970, 84

Stat. 779; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept.

13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec. 607(f),

Oct. 11, 1996, 110 Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 361 (Feb. 8, 1927, ch.

75, Sec. 1, 44 Stat. 1059; May 15, 1939, ch. 134, 53 Stat. 744;

Mar. 7, 1942, ch. 160, 56 Stat. 141).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor changes were made in phraseology.

1949 ACT

This section (section 40) inserts ''Air Force,'' in section 1715

of title 18, U.S.C., in view of the establishment in 1947 of this

separate branch of the armed forces, and substitutes, ''Organized''

for ''Officers' '', preceding ''Reserve Corps'', to conform to

section 2 of title 10, U.S.C., as amended by the act of March 25,

1948 (ch. 157, Sec. 1, 62 Stat. 87), which grouped all reserve

branches into a reserve component called the Organized Reserve

Corps.

AMENDMENTS

1996 - Pub. L. 104-294, in first par., substituted ''State,

Territory, Commonwealth, Possession, or District'' for ''State,

Territory, or District'' wherever appearing.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in second par.

1970 - Pub. L. 91-375 substituted ''Postal Service'' for

''Postmaster General'' after ''such regulations as the'' in two

places and ''officer or employee of'' for ''postmaster, letter

carrier, or other person in'' in first par., respectively.

1949 - Act May 24, 1949, inserted ''Air Force'' after ''Navy''

and substituted ''Organized'' for ''Officers' '' before ''Reserve

Corps'' in first par., to make section applicable to the Air Force

and to conform to the grouping of all reserve branches into a

single reserve component.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 922 of this title; title

19 section 1583; title 39 section 3001.

-CITE-

18 USC Sec. 1716 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1716. Injurious articles as nonmailable

-STATUTE-

(a) All kinds of poison, and all articles and compositions

containing poison, and all poisonous animals, insects, reptiles,

and all explosives, inflammable materials, infernal machines, and

mechanical, chemical, or other devices or compositions which may

ignite or explode, and all disease germs or scabs, and all other

natural or artificial articles, compositions, or material which may

kill or injure another, or injure the mails or other property,

whether or not sealed as first-class matter, are nonmailable matter

and shall not be conveyed in the mails or delivered from any post

office or station thereof, nor by any officer or employee of the

Postal Service.

(b) The Postal Service may permit the transmission in the mails,

under such rules and regulations as it shall prescribe as to

preparation and packing, of any such articles which are not

outwardly or of their own force dangerous or injurious to life,

health, or property.

(c) The Postal Service is authorized and directed to permit the

transmission in the mails, under regulations to be prescribed by

it, of live scorpions which are to be used for purposes of medical

research or for the manufacture of antivenom. Such regulations

shall include such provisions with respect to the packaging of such

live scorpions for transmission in the mails as the Postal Service

deems necessary or desirable for the protection of Postal Service

personnel and of the public generally and for ease of handling by

such personnel and by any individual connected with such research

or manufacture. Nothing contained in this paragraph shall be

construed to authorize the transmission in the mails of live

scorpions by means of aircraft engaged in the carriage of

passengers for compensation or hire.

(d) The transmission in the mails of poisonous drugs and

medicines may be limited by the Postal Service to shipments of such

articles from the manufacturer thereof or dealer therein to

licensed physicians, surgeons, dentists, pharmacists, druggists,

cosmetologists, barbers, and veterinarians under such rules and

regulations as it shall prescribe.

(e) The transmission in the mails of poisons for scientific use,

and which are not outwardly dangerous or of their own force

dangerous or injurious to life, health, or property, may be limited

by the Postal Service to shipments of such articles between the

manufacturers thereof, dealers therein, bona fide research or

experimental scientific laboratories, and such other persons who

are employees of the Federal, a State, or local government, whose

official duties are comprised, in whole or in part, of the use of

such poisons, and who are designated by the head of the agency in

which they are employed to receive or send such articles, under

such rules and regulations as the Postal Service shall prescribe.

(f) All spirituous, vinous, malted, fermented, or other

intoxicating liquors of any kind are nonmailable and shall not be

deposited in or carried through the mails.

(g) All knives having a blade which opens automatically (1) by

hand pressure applied to a button or other device in the handle of

the knife, or (2) by operation of inertia, gravity, or both, are

nonmailable and shall not be deposited in or carried by the mails

or delivered by any officer or employee of the Postal Service. Such

knives may be conveyed in the mails, under such regulations as the

Postal Service shall prescribe -

(1) to civilian or Armed Forces supply or procurement officers

and employees of the Federal Government ordering, procuring, or

purchasing such knives in connection with the activities of the

Federal Government;

(2) to supply or procurement officers of the National Guard,

the Air National Guard, or militia of a State ordering,

procuring, or purchasing such knives in connection with the

activities of such organizations;

(3) to supply or procurement officers or employees of any

State, or any political subdivision of a State or Territory,

ordering, procuring, or purchasing such knives in connection with

the activities of such government; and

(4) to manufacturers of such knives or bona fide dealers

therein in connection with any shipment made pursuant to an order

from any person designated in paragraphs (1), (2), and (3).

The Postal Service may require, as a condition of conveying any

such knife in the mails, that any person proposing to mail such

knife explain in writing to the satisfaction of the Postal Service

that the mailing of such knife will not be in violation of this

section.

(h) Any advertising, promotional, or sales matter which solicits

or induces the mailing of anything declared nonmailable by this

section is likewise nonmailable unless such matter contains

wrapping or packaging instructions which are in accord with

regulations promulgated by the Postal Service.

(i)(1) Any ballistic knife shall be subject to the same

restrictions and penalties provided under subsection (g) for knives

described in the first sentence of that subsection.

(2) As used in this subsection, the term ''ballistic knife''

means a knife with a detachable blade that is propelled by a

spring-operated mechanism.

(j)(1) Whoever knowingly deposits for mailing or delivery, or

knowingly causes to be delivered by mail, according to the

direction thereon, or at any place at which it is directed to be

delivered by the person to whom it is addressed, anything declared

nonmailable by this section, unless in accordance with the rules

and regulations authorized to be prescribed by the Postal Service,

shall be fined under this title or imprisoned not more than one

year, or both.

(2) Whoever knowingly deposits for mailing or delivery, or

knowingly causes to be delivered by mail, according to the

direction thereon or at any place to which it is directed to be

delivered by the person to whom it is addressed, anything declared

nonmailable by this section, whether or not transmitted in

accordance with the rules and regulations authorized to be

prescribed by the Postal Service, with intent to kill or injure

another, or injure the mails or other property, shall be fined

under this title or imprisoned not more than twenty years, or both.

(3) Whoever is convicted of any crime prohibited by this section,

which has resulted in the death of any person, shall be subject

also to the death penalty or to imprisonment for life.

(k) For purposes of this section, the term ''State'' includes a

State of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 781; May 8, 1952, ch. 246, 66

Stat. 67; June 29, 1955, ch. 224, 69 Stat. 191; Pub. L. 85-268,

Sept. 2, 1957, 71 Stat. 594; Pub. L. 85-623, Sec. 5, Aug. 12, 1958,

72 Stat. 562; Pub. L. 91-375, Sec. 6(j)(25), Aug. 12, 1970, 84

Stat. 779; Pub. L. 92-191, Sec. 1, Dec. 15, 1971, 85 Stat. 647;

Pub. L. 99-570, title X, Sec. 10003, Oct. 27, 1986, 100 Stat.

3207-167; Pub. L. 103-322, title VI, Sec. 60003(a)(7), title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147;

Pub. L. 104-294, title VI, Sec. 607(g), Oct. 11, 1996, 110 Stat.

3511; Pub. L. 107-273, div. B, title IV, Sec. 4002(b)(2), (6),

Nov. 2, 2002, 116 Stat. 1807.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 340 (Mar. 4, 1909. ch.

321, Sec. 217, 35 Stat. 1131; May 25, 1920, ch. 196, 41 Stat. 620;

Jan. 11, 1929, ch. 53, 45 Stat. 1072; June 19, 1934, ch. 650, 48

Stat. 1063).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

The maximum of ''twenty years'' was reduced to ''ten years'' as

more consistent with such comparable sections as sections 111 and

1113 of this title.

Minor changes were made in phraseology.

AMENDMENTS

2002 - Subsec. (g)(3). Pub. L. 107-273, Sec. 4002(b)(2), made

technical correction to directory language of Pub. L. 104-294, Sec.

607(g)(2). See 1996 Amendment note below.

Subsec. (j). Pub. L. 107-273, Sec. 4002(b)(6), designated first,

second, and third undesignated pars. after subsec. (i) as pars. (1)

to (3), respectively, of subsec. (j) and, in par. (2), substituted

''under this title'' for ''not more than $10,000''. Former subsec.

(j) redesignated (k).

Subsec. (k). Pub. L. 107-273, Sec. 4002(b)(6)(D), redesignated

subsec. (j) as (k).

1996 - Subsec. (g)(2). Pub. L. 104-294, Sec. 607(g)(1),

substituted ''State'' for ''State, Territory, or the District of

Columbia''.

- Subsec. (g)(3). Pub. L. 104-294, Sec. 607(g)(2), as amended by

Pub. L. 107-273, Sec. 4002(b)(2), substituted ''any State, or any

political subdivision of a State'' for ''the municipal government

of the District of Columbia or of the government of any State or

Territory, or any county, city, or other political subdivision of a

State''.

Subsec. (j). Pub. L. 104-294, Sec. 607(g)(3), added subsec. (j)

at end.

1994 - Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined

under this title'' for ''fined not more than $1,000'' in first

undesignated par. after subsec. (i).

Pub. L. 103-322, Sec. 60003(a)(7), in last par., struck out

before period at end '', if the jury shall in its discretion so

direct, or, in the case of a plea of guilty, or a plea of not

guilty where the defendant has waived a trial by jury, if the court

in its discretion, shall so order''.

1986 - Subsec. (i). Pub. L. 99-570 added subsec. (i).

1971 - Subsecs. (a) to (g). Pub. L. 92-191 designated existing

seven paragraphs preceding the penal provisions as subsecs. (a) to

(g), respectively.

Subsec. (h). Pub. L. 92-191 added subsec. (h).

1970 - First par. Pub. L. 91-375, Sec. 6(j)(25)(B)(ii),

substituted ''officer or employee of the Postal Service'' for

''letter carrier''.

Second par. Pub. L. 91-375, Sec. 6(j)(25)(A), substituted

''Postal Service'' and ''it shall prescribe'' for ''Postmaster

General'' and ''he shall prescribe''.

Third par. Pub. L. 91-375, Sec. 6(j)(25)(A), substituted

''Postal Service'' for ''Postmaster General'' in two places,

''prescribed by it'' for ''prescribed by him'', ''antivenom'' for

''antivenin'', ''necessary or desirable'' for ''necessary or

advisable'', and ''Postal Service personnel'' for ''Post Office

Department personnel''.

Fourth par. Pub. L. 91-375, Sec. 6(j)(25)(A), substituted

''Postal Service'' and ''it shall prescribe'' for ''Postmaster

General'' and ''he shall prescribe'', respectively, and struck out

the comma after ''veterinarians''.

Fifth par. Pub. L. 91-375 Sec. 6(j)(25)(B)(i) substituted

''Postal Service'' for ''Postmaster General'' in two places.

Seventh par. Pub. L. 91-375, Sec. 6(j)(25)(B)(i), (iii),

substituted ''Postal Service'' for ''Postmaster General'' in three

places, and ''officer or employee of the Postal Service'' for

''postmaster, letter carrier, or other person in the postal

service'', respectively.

Eighth to tenth pars. Pub. L. 91-375, Sec. 6(j)(25)(B)(i),

substituted ''Postal Service'' for ''Postmaster General''.

1958 - Pub. L. 85-623 inserted paragraph prohibiting mailing of

switchblade knives except in connection with Armed Forces or other

Government orders.

1957 - Pub. L. 85-268 reduced penalty from two to one year for

mailing nonmailable articles; increased penalty from ten to twenty

years for mailing nonmailable matter with intent to kill or injure

another or injure the mails or other property but where death does

not result; and provided death penalty or life imprisonment for

mailing nonmailable matter resulting in death.

1955 - Act June 29, 1955, inserted paragraph to permit the

transportation in the mails of live scorpions for certain purposes.

1952 - Act May 8, 1952, inserted fourth paragraph to extend the

Postmaster General's authority as it relates to the transmission of

poisonous drugs through the mails for scientific purposes.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(b)(2), Nov. 2,

2002, 116 Stat. 1807, provided that the amendment made by section

4002(b)(2) is effective Oct. 11, 1996.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-570 effective 30 days after Oct. 27,

1986, see section 10004 of Pub. L. 99-570, set out as an Effective

Date note under section 1245 of Title 15, Commerce and Trade.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 3 of Pub. L. 92-191 provided that: ''The amendments made

by this Act (amending this section and section 3001 of Title 39,

Postal Service) shall become effective at the beginning of the

third calendar month following the date of enactment of this Act

(Dec. 15, 1971) or on the date section 3001 of title 39, United

States Code, becomes effective (July 1, 1971) pursuant to section

15(a) of Public Law 91-375 (set out as an Effective Date note

preceding section 101 of title 39), whichever is the later.''

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-623 effective on sixtieth day after Aug.

12, 1958, see Effective Date note set out under section 1241 of

Title 15, Commerce and Trade.

HAZARDOUS SUBSTANCES

Federal Hazardous Substances Act as not modifying this section,

see Pub. L. 86-613, Sec. 17, July 12, 1960, 74 Stat. 380, set out

as a note under section 1261 of Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 1583; title 39

section 3001.

-CITE-

18 USC Sec. 1716A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1716A. Nonmailable locksmithing devices and motor vehicle

master keys

-STATUTE-

(a) Whoever knowingly deposits for mailing or delivery, or

knowingly causes to be delivered by mail according to the direction

thereon, or at any place to which it is directed to be delivered by

the person to whom it is addressed, any matter declared to be

nonmailable by section 3002 of title 39, shall be fined under this

title or imprisoned not more than one year, or both.

(b) Whoever knowingly deposits for mailing or delivery, causes to

be delivered by mail, or causes to be delivered by any interstate

mailing or delivery other than by the United States Postal Service,

any matter declared to be nonmailable by section 3002a of title 39,

shall be fined under this title, imprisoned not more than one year,

or both.

-SOURCE-

(Added Pub. L. 90-560, Sec. 2(1), Oct. 12, 1968, 82 Stat. 997;

amended Pub. L. 91-375, Aug. 12, 1970, Sec. 6(j)(26), 84 Stat. 780;

Pub. L. 100-690, title VII, Sec. 7090(c), Nov. 18, 1988, 102 Stat.

4410; Pub. L. 101-647, title XXXV, Sec. 3551, Nov. 29, 1990, 104

Stat. 4926.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-647 substituted ''shall be fined

under this title or'' for ''shall be under this title''.

1988 - Pub. L. 100-690 inserted ''locksmithing devices and'' in

section catchline, designated existing provisions as subsec. (a),

substituted ''under this title'' for ''fined not more than $1,000,

or'', and added subsec. (b).

1970 - Pub. L. 91-375 substituted ''section 3002'' for ''section

4010'' of title 39.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EFFECTIVE DATE

Section 3 of Pub. L. 90-560 provided that: ''The amendments made

by the first section and section 2 of this Act (enacting this

section and section 4010 of former Title 39, The Postal Service)

shall become effective on the sixtieth day after the date of

enactment of this Act (Oct. 12, 1968).''

-CITE-

18 USC Sec. 1716B 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1716B. Nonmailable plants

-STATUTE-

Whoever knowingly deposits for mailing or delivery, or knowingly

causes to be delivered by mail, according to the direction thereon,

or at any place at which it is directed to be delivered by the

person to whom it is addressed, anything declared nonmailable by

section 3014(b) of title 39, unless in accordance with the rules

and regulations prescribed by the Postal Service under section

3014(c) of such title, shall be fined under this title, or

imprisoned not more than one year, or both.

-SOURCE-

(Added Pub. L. 100-574, Sec. 1(b)(1), Oct. 31, 1988, 102 Stat.

2893.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 31, 1989, see section 4 of Pub. L.

100-574, set out as a note under section 3014 of Title 39, Postal

Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3014.

-CITE-

18 USC Sec. 1716C 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1716C. Forged agricultural certifications

-STATUTE-

Whoever forges or counterfeits any certification authorized under

any rules or regulations prescribed under section 3014(c) of title

39 with intent to make it appear that such is a genuine

certification, or makes or knowingly uses or sells, or possesses

with intent to use or sell, any forged or counterfeited

certification so authorized, or device for imprinting any such

certification, shall be fined under this title, or imprisoned not

more than one year, or both.

-SOURCE-

(Added Pub. L. 100-574, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2893.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 31, 1989, see section 4 of Pub. L.

100-574, set out as a note under section 3014 of Title 39, Postal

Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3014.

-CITE-

18 USC Sec. 1716D 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1716D. Nonmailable injurious animals, plant pests, plants, and

illegally taken fish, wildlife, and plants

-STATUTE-

A person who knowingly deposits for mailing or delivery, or

knowingly causes to be delivered by mail, according to the

direction thereon, or at any place at which it is directed to be

delivered by the person to whom it is addressed, anything that

section 3015 of title 39 declares to be nonmailable matter shall be

fined under this title, imprisoned not more than 1 year, or both.

-SOURCE-

(Added Pub. L. 103-322, title XXXII, Sec. 320108(b)(1), Sept. 13,

1994, 108 Stat. 2113.)

-CITE-

18 USC Sec. 1717 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1717. Letters and writings as nonmailable

-STATUTE-

(a) Every letter, writing, circular, postal card, picture, print,

engraving, photograph, newspaper, pamphlet, book, or other

publication, matter or thing, in violation of sections 499, 506,

793, 794, 915, 954, 956, 957, 960, 964, 1017, 1542, 1543, 1544 or

2388 of this title or which contains any matter advocating or

urging treason, insurrection, or forcible resistance to any law of

the United States is nonmailable and shall not be conveyed in the

mails or delivered from any post office or by any letter carrier.

(b) Whoever uses or attempts to use the mails or Postal Service

for the transmission of any matter declared by this section to be

nonmailable, shall be fined under this title or imprisoned not more

than ten years or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 782; Pub. L. 86-682, Sec. 12(b),

Sept. 2, 1960, 74 Stat. 708; Pub. L. 91-375, Sec. 6(j)(27), Aug.

12, 1970, 84 Stat. 780; Pub. L. 101-647, title XXXV, Sec. 3552(a),

Nov. 29, 1990, 104 Stat. 4926; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 343, 344, 345, 346

(June 15, 1917, ch. 30, title XII, Sec. 1-3, title XIII, Sec. 1, 40

Stat. 230, 231; Mar. 28, 1940, ch. 72, Sec. 9, 54 Stat. 80).

Section consolidates said sections 343-345 of title 18, U.S.C.,

1940 ed. The provision as to opening letters was incorporated in

paragraph (c).

Venue provisions in said section 345 of title 18, U.S.C., 1940

ed., were omitted as covered by section 3237 of this title.

Section 346 of title 18, U.S.C., 1940 ed., defining ''United

States'' was omitted. It is incorporated, however, in section 5 of

this title.

References in text to other sections do not include definitive

sections. Only those susceptible of violation are cited.

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in arrangement, translation, and

phraseology.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $5,000''.

1990 - Pub. L. 101-647 struck out ''; opening letters'' after

''nonmailable'' in section catchline.

1970 - Subsec. (b). Pub. L. 91-375 struck out ''of the United

States'' after ''Postal Service''.

1960 - Subsec. (c). Pub. L. 86-682 repealed subsec. (c) which

related to the opening of letters, effective Sept. 1, 1960.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 614; title 39

section 3001.

-CITE-

18 USC Sec. 1718 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

(Sec. 1718. Repealed. Pub. L. 101-647, title XII, Sec. 1210(c),

Nov. 29, 1990, 104 Stat. 4832)

-MISC1-

Section, acts June 25, 1948, ch. 645, 62 Stat. 782; Aug. 12,

1970, Pub. L. 91-375, Sec. 6(j)(28), 84 Stat. 780, provided that

libelous matter on wrappers or envelopes was nonmailable.

-CITE-

18 USC Sec. 1719 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1719. Franking privilege

-STATUTE-

Whoever makes use of any official envelope, label, or indorsement

authorized by law, to avoid the payment of postage or registry fee

on his private letter, packet, package, or other matter in the

mail, shall be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645. 62 Stat. 783; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 357 (Mar. 4, 1909, ch.

321, Sec. 227, 35 Stat. 1134).

Minor verbal change was made. Section 746(f) of title 8, U.S.C.,

1940 ed., Aliens and Nationality, providing same penalty for misuse

of franking privilege in naturalization service, should be repealed

as covered by this section. The proviso in section 337 of title

39, U.S.C., 1940 ed., The Postal Service, should also be repealed

for the same reason.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $300''.

-CITE-

18 USC Sec. 1720 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1720. Canceled stamps and envelopes

-STATUTE-

Whoever uses or attempts to use in payment of postage, any

canceled postage stamp, whether the same has been used or not, or

removes, attempts to remove, or assists in removing, the canceling

or defacing marks from any postage stamp, or the superscription

from any stamped envelope, or postal card, that has once been used

in payment of postage, with the intent to use the same for a like

purpose, or to sell or offer to sell the same, or knowingly

possesses any such postage stamp, stamped envelope, or postal card,

with intent to use the same or knowingly sells or offers to sell

any such postage stamp, stamped envelope, or postal card, or uses

or attempts to use the same in payment of postage; or

Whoever unlawfully and willfully removes from any mail matter any

stamp attached thereto in payment of postage; or

Whoever knowingly uses in payment of postage, any postage stamp,

postal card, or stamped envelope, issued in pursuance of law, which

has already been used for a like purpose -

Shall be fined under this title or imprisoned not more than one

year, or both; but if he is a person employed in the Postal

Service, he shall be fined under this title or imprisoned not more

than three years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 783; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 328 (Mar. 4, 1909, ch.

321, Sec. 205, 35 Stat. 1127).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500'' in two places in last par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 492 of this title.

-CITE-

18 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1721. Sale or pledge of stamps

-STATUTE-

Whoever, being a Postal Service officer or employee, knowingly

and willfully: uses or disposes of postage stamps, stamped

envelopes, or postal cards entrusted to his care or custody in the

payment of debts, or in the purchase of merchandise or other

salable articles, or pledges or hypothecates the same or sells or

disposes of them except for cash; or sells or disposes of postage

stamps or postal cards for any larger or less sum than the values

indicated on their faces; or sells or disposes of stamped envelopes

for a larger or less sum than is charged therefor by the Postal

Service for like quantities; or sells or disposes of postage

stamps, stamped envelopes, or postal cards at any point or place

outside of the delivery of the office where such officer or

employee is employed; or for the purpose of increasing the

emoluments, or compensation of any such officer or employee,

inflates or induces the inflation of the receipts of any post

office or any station or branch thereof; or sells or disposes of

postage stamps, stamped envelopes, or postal cards, otherwise than

as provided by law or the regulations of the Postal Service; shall

be fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 783; Aug. 1, 1956, ch. 818, 70

Stat. 784; Pub. L. 91-375, Sec. 6(j)(29), Aug. 12, 1970, 84 Stat.

780; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13,

1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 331 of title 18 and section 364 of title 39, The

Postal Service, both U.S.C., 1940 ed. (R.S. Sec. 3920; Mar. 4,

1909, ch. 321, Sec. 208, 35 Stat. 1128).

Said sections were consolidated with only minor changes in

phraseology.

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

1970 - Pub. L. 91-375 substituted ''Postal Service officer or

employee'' for ''postmaster or postal service employee'', ''Postal

Service'' for ''Post Office Department'' in two places, ''officer

or employee'' for ''postmaster or other person'', and ''any such

officer or employee'' for ''the postmaster or any employee of a

post office or station or branch thereof'', respectively.

1956 - Act Aug. 1, 1956, broadened the class of postal employees

subject to penalties prescribed by this section and broadened the

prohibition to include the inflation of receipts by means other

than the disposing of stamps, stamped envelopes, or postal cards.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1722 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1722. False evidence to secure second-class rate

-STATUTE-

Whoever knowingly submits to the Postal Service or to any officer

or employee of the Postal Service, any false evidence relative to

any publication for the purpose of securing the admission thereof

at the second-class rate, for transportation in the mails, shall be

fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 783; Pub. L. 91-375, Sec.

6(j)(30), Aug. 12, 1970, 84 Stat. 780; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 353 (Mar. 4, 1909, ch.

321, Sec. 223, 35 Stat. 1133).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor verbal change was made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

1970 - Pub. L. 91-375 substituted ''the Postal Service or to any

officer or employee of the Postal Service'' for ''any postmaster or

to the Post Office Department or any officer of the Postal

Service''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1723 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1723. Avoidance of postage by using lower class matter

-STATUTE-

Matter of the second, third, or fourth class containing any

writing or printing in addition to the original matter, other than

as authorized by law, shall not be admitted to the mails, nor

delivered, except upon payment of postage for matter of the first

class, deducting therefrom any amount which may have been prepaid

by stamps affixed, unless by direction of a duly authorized officer

of the Postal Service such postage shall be remitted.

Whoever knowingly conceals or incloses any matter of a higher

class in that of a lower class, and deposits the same for

conveyance by mail, at a less rate than would be charged for such

higher class matter, shall be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 784; Pub. L. 91-375, Sec.

6(j)(31), Aug. 12, 1970, 84 Stat. 780; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 351 (Mar. 4, 1909, ch.

321, Sec. 221, 35 Stat. 1132).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $100'' in second par.

1970 - Pub. L. 91-375 substituted ''a duly authorized officer of

the Postal Service'' for ''Postmaster General'' in first par.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1724 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1724. Postage on mail delivered by foreign vessels

-STATUTE-

Except as otherwise provided by treaty or convention the Postal

Service may require the transportation by any steamship of mail

between the United States and any foreign port at the compensation

fixed under authority of law. Upon refusal by the master or the

commander of such steamship or vessel to accept the mail, when

tendered by the Postal Service or its representative, the collector

or other officer of the port empowered to grant clearance, on

notice of the refusal aforesaid, shall withhold clearance, until

the collector or other officer of the port is informed by the

Postal Service or its representative that the master or commander

of the steamship or vessel has accepted the mail or that conveyance

by his steamship or vessel is no longer required by the Postal

Service.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 784; Sept. 25, 1951, ch. 413,

Sec. 1(4), 65 Stat. 336; Pub. L. 91-375, Sec. 6(j)(32), Aug. 12,

1970, 84 Stat. 780.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 326 (Mar. 4, 1909, ch.

321, Sec. 203, 35 Stat. 1127; Feb. 6, 1929, ch. 157, 45 Stat.

1153).

AMENDMENTS

1970 - Pub. L. 91-375 substituted ''Postal Service'' and ''Postal

Service or its representative'' for ''Postmaster General'' and

''Postmaster General or his representative'', respectively, in two

places.

1951 - Act Sept. 25, 1951, repealed former first paragraph

relating to penalties for failure to pay postage on or unlawful

conveyance of mail to or from any part of the United States by

foreign vessels.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1725 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1725. Postage unpaid on deposited mail matter

-STATUTE-

Whoever knowingly and willfully deposits any mailable matter such

as statements of accounts, circulars, sale bills, or other like

matter, on which no postage has been paid, in any letter box

established, approved, or accepted by the Postal Service for the

receipt or delivery of mail matter on any mail route with intent to

avoid payment of lawful postage thereon, shall for each such

offense be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 784; Pub. L. 91-375, Sec.

6(j)(33), Aug. 12, 1970, 84 Stat. 780; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 321a (May 7, 1934, ch.

220, Sec. 2, 48 Stat. 667).

Reference to persons aiding or assisting was struck out as

unnecessary since such persons are made principals by section 2 of

this title.

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $300''.

1970 - Pub. L. 91-375 substituted ''Postal Service'' for

''Postmaster General''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1726 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1726. Postage collected unlawfully

-STATUTE-

Whoever, being a postmaster or other person authorized to receive

the postage of mail matter, fraudulently demands or receives any

rate of postage or gratuity or reward other than is provided by law

for the postage of such mail matter, shall be fined under this

title or imprisoned not more than six months, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 784; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 330 (Mar. 4, 1909, ch.

321, Sec. 207, 35 Stat. 1128).

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $100''.

-CITE-

18 USC Sec. 1727 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

(Sec. 1727. Repealed. Pub. L. 90-384, Sec. 1(a), July 5, 1968, 82

Stat. 292)

-MISC1-

Section, act June 25, 1948, ch. 645, 62 Stat. 785, provided for a

fine of not more than $50 for postage accounting violations.

SAVINGS PROVISION

Section 2 of Pub. L. 90-384 provided that: ''Nothing in this Act

(repealing this section) shall be construed to affect in any way

any prosecution for any offense occurring prior to the date of

enactment of such Act (July 5, 1968).''

-CITE-

18 USC Sec. 1728 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1728. Weight of mail increased fraudulently

-STATUTE-

Whoever places any matter in the mails during the regular

weighing period, for the purpose of increasing the weight of the

mail, with intent to cause an increase in the compensation of the

railroad mail carrier over whose route such mail may pass, shall be

fined under this title or imprisoned not more than five years, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 785; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 358 (Mar. 4, 1909, ch.

321, Sec. 228, 35 Stat. 1134).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $20,000''.

-CITE-

18 USC Sec. 1729 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1729. Post office conducted without authority

-STATUTE-

Whoever, without authority from the Postal Service, sets up or

professes to keep any office or place of business bearing the sign,

name, or title of post office, shall be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 785; Pub. L. 91-375, Sec.

6(j)(34), Aug. 12, 1970, 84 Stat. 780; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 302 (Mar. 4, 1909, ch.

321, Sec. 179, 35 Stat. 1123).

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

1970 - Pub. L. 91-375 substituted ''Postal Service'' for

''Postmaster General''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1730 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1730. Uniforms of carriers

-STATUTE-

Whoever, not being connected with the letter-carrier branch of

the Postal Service, wears the uniform or badge which may be

prescribed by the Postal Service to be worn by letter carriers,

shall be fined under this title or imprisoned not more than six

months, or both.

The provisions of the preceding paragraph shall not apply to an

actor or actress in a theatrical, television, or motion-picture

production who wears the uniform or badge of the letter-carrier

branch of the Postal Service while portraying a member of that

service.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 785; Pub. L. 90-413, July 21,

1968, 82 Stat. 396; Pub. L. 91-375, Sec. 6(j)(35), Aug. 12, 1970,

84 Stat. 780; Pub. L. 101-647, title XII, Sec. 1210(a), Nov. 29,

1990, 104 Stat. 4832; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 310 (Mar. 4, 1909, ch.

321, Sec. 187, 35 Stat. 1124).

Minor verbal change was made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $100'' in first par.

1990 - Pub. L. 101-647 struck out '', if the portrayal does not

tend to discredit that service'' before period at end of second

par.

1970 - Pub. L. 91-375 substituted ''Postal Service'' for

''Postmaster General'' before ''to be worn'' in first par.

1968 - Pub. L. 90-413 inserted provision exempting an actor or

actress in a theatrical, television, or motion-picture production

who wears the uniform or badge of the letter-carrier branch of the

Postal Service from the penalties imposed by this section.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-CITE-

18 USC Sec. 1731 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1731. Vehicles falsely labeled as carriers

-STATUTE-

It shall be unlawful to paint, print, or in any manner to place

upon or attach to any steamboat or other vessel, or any car,

stagecoach, vehicle, or other conveyance, not actually used in

carrying the mail, the words ''United States Mail'', or any words,

letters, or characters of like import; or to give notice, by

publishing in any newspaper or otherwise, that any steamboat or

other vessel, or any car, stagecoach, vehicle, or other conveyance,

is used in carrying the mail, when the same is not actually so

used.

Whoever violates, and every owner, receiver, lessee, or managing

operator who suffers, or permits the violation of, any provision of

this section, shall be fined under this title or imprisoned not

more than six months, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 785; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 311 (Mar. 4, 1909, ch.

321, Sec. 188, 35 Stat. 1124).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

The punishment provision was rewritten to conform more closely

with comparable offenses in other sections. (See sections 1729 and

1730 of this title.)

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500'' in second par.

-CITE-

18 USC Sec. 1732 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1732. Approval of bond or sureties by postmaster

-STATUTE-

Whoever, being a postmaster, affixes his signature to the

approval of any bond of a bidder, or to the certificate of

sufficiency of sureties in any contract, before the said bond or

contract is signed by the bidder or contractor and his sureties, or

knowingly, or without the exercise of due diligence, approves any

bond of a bidder with insufficient sureties, or knowingly makes any

false or fraudulent certificate, shall be fined under this title or

imprisoned not more than one year, or both; and shall be dismissed

from office and disqualified from holding the office of postmaster.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 785; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 352 (Mar. 4, 1909, ch.

321, Sec. 222, 35 Stat. 1133).

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-CITE-

18 USC Sec. 1733 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1733. Mailing periodical publications without prepayment of

postage

-STATUTE-

Whoever, except as permitted by law, knowingly mails any

periodical publication without the prepayment of postage, or, being

an officer or employee of the Postal Service, knowingly permits any

periodical publication to be mailed without prepayment of postage,

shall be fined under this title, or imprisoned not more than one

year, or both.

-SOURCE-

(Added Pub. L. 86-682, Sec. 7, Sept. 2, 1960, 74 Stat. 705; amended

Pub. L. 91-375, Sec. 6(j)(36)(A), Aug. 12, 1970, 84 Stat. 780; Pub.

L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108

Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

1970 - Pub. L. 91-375 substituted ''Mailing periodical

publications without prepayment of postage'' for ''Affidavits

relating to second class mail'' as section catchline, struck out

subsec. (a) penalty provision for fine of not more than $1,000 for

each refusal to make affidavits relating to second class mail when

tendering for mailing such mail without any affidavits, and

reenacted subsec. (b) as the section without any subsection

designation, inserting '', except as permitted by law,'' and

substituting ''periodical publication'' for ''second class mail''

in two places, ''prepayment of postage'' for ''payment of postage''

where first appearing, and ''officer or employee of the Postal

Service'' for ''postmaster or postal official''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EFFECTIVE DATE

Section effective Sept. 1, 1960, see section 11 of Pub. L.

86-682.

-CITE-

18 USC Sec. 1734 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1734. Editorials and other matter as ''advertisements''

-STATUTE-

Whoever, being an editor or publisher, prints in a publication

entered as second class mail, editorial or other reading matter for

which he has been paid or promised a valuable consideration,

without plainly marking the same ''advertisement'' shall be fined

under this title.

-SOURCE-

(Added Pub. L. 86-682, Sec. 7, Sept. 2, 1960, 74 Stat. 706; amended

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994,

108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

EFFECTIVE DATE

Section effective Sept. 1, 1960, see section 11 of Pub. L.

86-682.

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18 USC Sec. 1735 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1735. Sexually oriented advertisements

-STATUTE-

(a) Whoever -

(1) willfully uses the mails for the mailing, carriage in the

mails, or delivery of any sexually oriented advertisement in

violation of section 3010 of title 39, or willfully violates any

regulations of the Board of Governors issued under such section;

or

(2) sells, leases, rents, lends, exchanges, or licenses the use

of, or, except for the purpose expressly authorized by section

3010 of title 39, uses a mailing list maintained by the Board of

Governors under such section;

shall be fined under this title or imprisoned not more than five

years, or both, for the first offense, and shall be fined under

this title or imprisoned not more than ten years, or both, for any

second or subsequent offense.

(b) For the purposes of this section, the term ''sexually

oriented advertisement'' shall have the same meaning as given it in

section 3010(d) of title 39.

-SOURCE-

(Added Pub. L. 91-375, Sec. 6(j)(37)(A), Aug. 12, 1970, 84 Stat.

781; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (L),

Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, in concluding provisions,

substituted ''fined under this title'' for ''fined not more than

$5,000'' after ''shall be'' and for ''fined not more than $10,000''

after ''and shall be''.

EFFECTIVE DATE

Section effective on first day of sixth month which begins after

Aug. 12, 1970, see section 15(b) of Pub. L. 91-375, set out as a

note preceding section 101 of Title 39, Postal Service.

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18 USC Sec. 1736 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1736. Restrictive use of information

-STATUTE-

(a) No information or evidence obtained by reason of compliance

by a natural person with any provision of section 3010 of title 39,

or regulations issued thereunder, shall, except as provided in

subsection (c) of this section, be used, directly or indirectly, as

evidence against that person in a criminal proceeding.

(b) The fact of the performance of any act by an individual in

compliance with any provision of section 3010 of title 39, or

regulations issued thereunder, shall not be deemed the admission of

any fact, or otherwise be used, directly or indirectly, as evidence

against that person in a criminal proceeding, except as provided in

subsection (c) of this section.

(c) Subsections (a) and (b) of this section shall not preclude

the use of any such information or evidence in a prosecution or

other action under any applicable provision of law with respect to

the furnishing of false information.

-SOURCE-

(Added Pub. L. 91-375, Sec. 6(j)(37)(A), Aug. 12, 1970, 84 Stat.

781.)

-MISC1-

EFFECTIVE DATE

Section effective on first day of sixth month which begins after

Aug. 12, 1970, see section 15(b) of Pub. L. 91-375, set out as a

note preceding section 101 of Title 39, Postal Service.

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18 USC Sec. 1737 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

Sec. 1737. Manufacturer of sexually related mail matter

-STATUTE-

(a) Whoever shall print, reproduce, or manufacture any sexually

related mail matter, intending or knowing that such matter will be

deposited for mailing or delivery by mail in violation of section

3008 or 3010 of title 39, or in violation of any regulation of the

Postal Service issued under such section, shall be fined under this

title or imprisoned not more than five years, or both, for the

first offense, and shall be fined under this title or imprisoned

not more than ten years, or both, for any second or subsequent

offense.

(b) As used in this section, the term ''sexually related mail

matter'' means any matter which is within the scope of section

3008(a) or 3010(d) of title 39.

-SOURCE-

(Added Pub. L. 91-375, Sec. 6(j)(37)(A), Aug. 12, 1970, 84 Stat.

781; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (L),

Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $5,000'' after ''section,

shall be'' and for ''fined not more than $10,000'' after ''offense,

and shall be''.

EFFECTIVE DATE

Section effective on first day of sixth month which begins after

Aug. 12, 1970, see section 15(b) of Pub. L. 91-375, set out as a

note preceding section 101 of Title 39, Postal Service.

-CITE-

18 USC Sec. 1738 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 83 - POSTAL SERVICE

-HEAD-

(Sec. 1738. Repealed. Pub. L. 106-578, Sec. 4, Dec. 28, 2000, 114

Stat. 3076)

-MISC1-

Section, added Pub. L. 97-398, Sec. 4(a), Dec. 31, 1982, 96 Stat.

2011; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),

Sept. 13, 1994, 108 Stat. 2147, related to mailing private

identification documents without a disclaimer.

EFFECTIVE DATE OF REPEAL

Repeal effective 90 days after Dec. 28, 2000, see section 5 of

Pub. L. 106-578, set out as an Effective Date of 2000 Amendment

note under section 1028 of this title.

-CITE-