18 U.S.C. § 1705 — Destruction of letter boxes or mail

Page 424 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1704 tains, 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 de- livered from any post office or station thereof established by authority of the Postmaster Gen- eral 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 de- stroys any newspaper, or permits any other per- son 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 de- stroys 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. (June 25, 1948, ch. 645, 62 Stat. 778; May 24, 1949, ch. 139, § 37, 63 Stat. 95; Pub. L. 91–375, § 6(j)(16), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(B), (G), Sept. 13, 1994, 108 Stat. 2146, 2147.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., §§ 318, 319 (Mar. 4, 1909, ch. 321, §§ 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 provi- sions 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. Editorial Notes 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, § 6(j)(16)(A), amended subsec. (a) generally, which prior to amendment read as follows: ‘‘Whoever, being a postmaster or Postal Serv- ice 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 de- livered 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, § 6(j)(16)(B), substituted ‘‘Postal Service officer or employee’’ for ‘‘postmaster or Postal Service employee’’. 1949—Subsec. (a). Act May 24, 1949, § 37(a), substituted ‘‘secretes’’ for ‘‘secrets’’. Subsec. (b). Act May 24, 1949, § 37(b), substituted ‘‘newspapers’’ for ‘‘newspaper’’. 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. § 1704. Keys or locks stolen or reproduced 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 pos- sesses any such mail lock or key with the intent unlawfully or improperly to use, sell, or other- wise dispose of the same, or to cause the same to be unlawfully or improperly used, sold, or other- wise 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 per- son not duly authorized under the hand of the Postmaster General and the seal of the Post Of- fice Department or the Postal Service, to re- ceive the same, unless the person receiving it is the contractor for furnishing the same or en- gaged 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. (June 25, 1948, ch. 645, 62 Stat. 778; Pub. L. 91–375, § 6(j)(17), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 314 (Mar. 4, 1909, ch. 321, § 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. Editorial Notes 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. 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. § 1705. Destruction of letter boxes or mail Whoever willfully or maliciously injures, tears down or destroys any letter box or other recep- tacle intended or used for the receipt or delivery Page 425 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1708 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. (June 25, 1948, ch. 645, 62 Stat. 779; May 24, 1949, ch. 139, § 38, 63 Stat. 95; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–273, div. B, title III, § 3002(a)(2), Nov. 2, 2002, 116 Stat. 1805.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 321 (Mar. 4, 1909, ch. 321, § 198, 35 Stat. 1126; May 18, 1916, ch. 126, § 10, 39 Stat. 162; July 28, 1916, ch. 261, § 1, 39 Stat. 418; May 7, 1934, ch. 220, § 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. Pros- ecutions 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 sec- tion 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.) Editorial Notes 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 ‘‘con- veyance’’ which was not in original statute. § 1706. Injury to mail bags 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 in- tent 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. (June 25, 1948, ch. 645, 62 Stat. 779; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 312 (Mar. 4, 1909, ch. 321, § 189, 35 Stat. 1124). A fine of ‘‘$1,000’’ was substituted for ‘‘$500’’ thus in- creasing the maximum to correspond with other com- parable sections. (See section 1705 of this title.) Minor verbal changes were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 1707. Theft of property used by Postal Service Whoever steals, purloins, or embezzles any property used by the Postal Service, or appro- priates 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. (June 25, 1948, ch. 645, 62 Stat. 779; Pub. L. 91–375, § 6(j)(18), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(G), (H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 313 (Mar. 4, 1909, ch. 321, § 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 Depart- ment. Theft of public property belonging to govern- mental departments is covered by section 641 of this title. A fine of ‘‘$1,000’’ was substituted for ‘‘$200,’’ thus in- creasing the maximum to conform with other com- parable 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. Editorial Notes 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’’. 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. § 1708. Theft or receipt of stolen mail matter gen- erally Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to ob- tain, from or out of any mail, post office, or sta- tion 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, pack- age, 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