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Online Attorney
1 of Title 39, Postal
Service.
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18 USC Sec. 1712 01/19/04
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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.)
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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.
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18 USC Sec. 1713 01/19/04
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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.
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18 USC Sec. 1714 01/19/04
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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]
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Section, act June 25, 1948, ch. 645, 62 Stat. 781, provided that
certain foreign divorce information was nonmailable.
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18 USC Sec. 1715 01/19/04
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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.)
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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.
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18 USC Sec. 1716 01/19/04
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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
co
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