Online Attorney

nsistent 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. -End- -CITE- 18 USC Sec. 1716A 01/19/04 -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]." -End- -CITE- 18 USC Sec. 1716B 01/19/04 -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. -End- -CITE- 18 USC Sec. 1716C 01/19/04 -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. -End- -CITE- 18 USC Sec. 1716D 01/19/04 -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.) -End- -CITE- 18 USC Sec. 1717 01/19/04 -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., Secs. 343, 344, 345, 346 (June 15, 1917, ch. 30, title XII, Secs. 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. -End- -CITE- 18 USC Sec. 1718 01/19/04 -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. -End- -CITE- 18 USC Sec. 1719 01/19/04 -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". -End- -CITE- 18 USC Sec. 1720 01/19/04 -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. 32

Online Attorney