18 U.S.C. § 1708 — Theft or receipt of stolen mail matter gen-

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 Page 426 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1709 collection upon or adjacent to a collection box or other authorized depository of mail matter; or Whoever buys, receives, or conceals, or unlaw- fully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so sto- len, taken, embezzled, or abstracted, as herein described, knowing the same to have been sto- len, taken, embezzled, or abstracted— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 779; May 24, 1949, ch. 139, § 39, 63 Stat. 95; July 1, 1952, ch. 535, 66 Stat. 314; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., §§ 317, 321 (Mar. 4, 1909, ch. 321, §§ 194, 198, 35 Stat. 1125, 1126; May 18, 1916, ch. 126, § 10, 39 Stat. 162; July 28, 1916, ch. 261, § 1, 39 Stat. 418; Feb. 25, 1925, ch. 318, 43 Stat. 977; May 7, 1934, ch. 220, § 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. Provi- sions 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 pros- ecutions 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. Editorial Notes 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. § 1709. Theft of mail matter by officer or em- ployee Whoever, being a Postal Service officer or em- ployee, embezzles any letter, postal card, pack- age, bag, or mail, or any article or thing con- tained therein entrusted to him or which comes into his possession intended to be conveyed by mail, or carried or delivered by any carrier, mes- senger, agent, or other person employed in any department of the Postal Service, or forwarded through or delivered from any post office or sta- tion thereof established by authority of the Postmaster General or of the Postal Service; or steals, abstracts, or removes from any such let- ter, 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. (June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91–375, § 6(j)(19)(A), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 318 (Mar. 4, 1909, ch. 321, § 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. Editorial Notes 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 ‘‘post- master’’ 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’’. 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. § 1710. Theft of newspapers Whoever, being a Postal Service officer or em- ployee, takes or steals any newspaper or pack- age 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. (June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91–375, § 6(j)(20), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 319 (Mar. 4, 1909, ch. 321, § 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. Editorial Notes 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 offi- cer or employee’’ for ‘‘postmaster or Postal Service em- ployee’’.