18 U.S.C. § 1716 — Injurious articles as nonmailable

Page 429 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1716 Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘Space Force,’’ after ‘‘Marine Corps,’’. 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 ‘‘post- master, 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’ ’’ be- fore ‘‘Reserve Corps’’ in first par., to make section ap- plicable to the Air Force and to conform to the group- ing of all reserve branches into a single reserve compo- nent. Statutory Notes and Related Subsidiaries 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 pre- ceding section 101 of Title 39, Postal Service. § 1716. Injurious articles as nonmailable (a) All kinds of poison, and all articles and compositions containing poison, and all poi- sonous animals, insects, reptiles, and all explo- sives, hazardous materials, inflammable mate- rials, infernal machines, and mechanical, chem- ical, 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 in- jure another, or injure the mails or other prop- erty, whether or not sealed as first-class matter, are nonmailable matter and shall not be con- veyed in the mails or delivered from any post of- fice or station thereof, nor by any officer or em- ployee of the Postal Service. (b) The Postal Service may permit the trans- mission in the mails, under such rules and regu- lations as it shall prescribe as to preparation and packing, of any such articles which are not outwardly or of their own force dangerous or in- jurious to life, health, or property. (c) The Postal Service is authorized and di- rected 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 han- dling 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 en- gaged in the carriage of passengers for com- pensation or hire. (d) The transmission in the mails of poisonous drugs and medicines may be limited by the Post- al Service to shipments of such articles from the manufacturer thereof or dealer therein to li- censed physicians, surgeons, dentists, phar- macists, 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 in- jurious to life, health, or property, may be lim- ited by the Postal Service to shipments of such articles between the manufacturers thereof, dealers therein, bona fide research or experi- mental 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 pre- scribe. (f) All spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or car- ried 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 of- ficer or employee of the Postal Service. Such knives may be conveyed in the mails, under such regulations as the Postal Service shall pre- scribe— (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 pur- chasing such knives in connection with the ac- tivities of such organizations; (3) to supply or procurement officers or em- ployees of any State, or any political subdivi- sion of a State or Territory, ordering, pro- curing, or purchasing such knives in connec- tion 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 Serv- ice 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 con- tains 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 Page 430 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1716 subsection (g) for knives described in the first sentence of that subsection. (2) As used in this subsection, the term ‘‘bal- listic 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 deliv- ered by the person to whom it is addressed, any- thing declared nonmailable by this section, un- less in accordance with the rules and regula- tions authorized to be prescribed by the Postal Service, shall be fined under this title or impris- oned 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 prohib- ited 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 common- wealth, territory, or possession of the United States. (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, § 5, Aug. 12, 1958, 72 Stat. 562; Pub. L. 91–375, § 6(j)(25), Aug. 12, 1970, 84 Stat. 779; Pub. L. 92–191, § 1, Dec. 15, 1971, 85 Stat. 647; Pub. L. 99–570, title X, § 10003, Oct. 27, 1986, 100 Stat. 3207–167; Pub. L. 103–322, title VI, § 60003(a)(7), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L. 104–294, title VI, § 607(g), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, § 4002(b)(2), (6), Nov. 2, 2002, 116 Stat. 1807; Pub. L. 109–435, title X, § 1008(d), Dec. 20, 2006, 120 Stat. 3261.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 340 (Mar. 4, 1909. ch. 321, § 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 omit- ted 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 sec- tions as sections 111 and 1113 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–435 inserted ‘‘hazardous materials,’’ after ‘‘explosives,’’. 2002—Subsec. (g)(3). Pub. L. 107–273, § 4002(b)(2), made technical correction to directory language of Pub. L. 104–294, § 607(g)(2). See 1996 Amendment note below. Subsec. (j). Pub. L. 107–273, § 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, § 4002(b)(6)(D), redesig- nated subsec. (j) as (k). 1996—Subsec. (g)(2). Pub. L. 104–294, § 607(g)(1), sub- stituted ‘‘State’’ for ‘‘State, Territory, or the District of Columbia’’. Subsec. (g)(3). Pub. L. 104–294, § 607(g)(2), as amended by Pub. L. 107–273, § 4002(b)(2), substituted ‘‘any State, or any political subdivision of a State’’ for ‘‘the munic- ipal 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, § 607(g)(3), added subsec. (j) at end. 1994—Pub. L. 103–322, § 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, § 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 ex- isting 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, § 6(j)(25)(B)(ii), sub- stituted ‘‘officer or employee of the Postal Service’’ for ‘‘letter carrier’’. Second par. Pub. L. 91–375, § 6(j)(25)(A), substituted ‘‘Postal Service’’ and ‘‘it shall prescribe’’ for ‘‘Post- master General’’ and ‘‘he shall prescribe’’. Third par. Pub. L. 91–375, § 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 per- sonnel’’ for ‘‘Post Office Department personnel’’. Fourth par. Pub. L. 91–375, § 6(j)(25)(A), substituted ‘‘Postal Service’’ and ‘‘it shall prescribe’’ for ‘‘Post- master General’’ and ‘‘he shall prescribe’’, respectively, and struck out the comma after ‘‘veterinarians’’. Fifth par. Pub. L. 91–375 § 6(j)(25)(B)(i) substituted ‘‘Postal Service’’ for ‘‘Postmaster General’’ in two places. Seventh par. Pub. L. 91–375, § 6(j)(25)(B)(i), (iii), sub- stituted ‘‘Postal Service’’ for ‘‘Postmaster General’’ in three places, and ‘‘officer or employee of the Postal Service’’ for ‘‘postmaster, letter carrier, or other per- son in the postal service’’, respectively. Eighth to tenth pars. Pub. L. 91–375, § 6(j)(25)(B)(i), substituted ‘‘Postal Service’’ for ‘‘Postmaster Gen- eral’’. 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 pen- alty 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–273, div. B, title IV, § 4002(b)(2), Nov. 2, 2002, 116 Stat. 1807, provided that the amendment made by section 4002(b)(2) is effective Oct. 11, 1996. Page 431 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1716D 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 Pub. L. 92–191, § 3, Dec. 15, 1971, 85 Stat. 647, 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 cal- endar 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 pre- ceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–623 effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as an Effective Date note 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, § 17, July 12, 1960, 74 Stat. 380, set out as a note under section 1261 of Title 15, Commerce and Trade. § 1716A. Nonmailable locksmithing devices and motor vehicle master keys (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 mat- ter declared to be nonmailable by section 3002 of title 39, shall be fined under this title or impris- oned 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 non- mailable by section 3002a of title 39, shall be fined under this title, imprisoned not more than one year, or both. (Added Pub. L. 90–560, § 2(1), Oct. 12, 1968, 82 Stat. 997; amended Pub. L. 91–375, Aug. 12, 1970, § 6(j)(26), 84 Stat. 780; Pub. L. 100–690, title VII, § 7090(c), Nov. 18, 1988, 102 Stat. 4410; Pub. L. 101–647, title XXXV, § 3551, Nov. 29, 1990, 104 Stat. 4926.) Editorial Notes 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 provi- sions 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. Statutory Notes and Related Subsidiaries 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 pre- ceding section 101 of Title 39, Postal Service. EFFECTIVE DATE Pub. L. 90–560, § 3, Oct. 12, 1968, 82 Stat. 997, 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 be- come effective on the sixtieth day after the date of en- actment of this Act [Oct. 12, 1968].’’ § 1716B. Nonmailable plants Whoever knowingly deposits for mailing or de- livery, 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 regu- lations 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. (Added Pub. L. 100–574, § 1(b)(1), Oct. 31, 1988, 102 Stat. 2893.) Statutory Notes and Related Subsidiaries 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. § 1716C. Forged agricultural certifications Whoever forges or counterfeits any certifi- cation 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 author- ized, or device for imprinting any such certifi- cation, shall be fined under this title, or impris- oned not more than one year, or both. (Added Pub. L. 100–574, § 2(a), Oct. 31, 1988, 102 Stat. 2893.) Statutory Notes and Related Subsidiaries 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. § 1716D. Nonmailable injurious animals, plant pests, plants, and illegally taken fish, wild- life, and plants 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 deliv- ered by the person to whom it is addressed, any- thing 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.