TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 83 - POSTAL SERVICE
HEAD
Sec. 1708. Theft or receipt of stolen mail matter generally
STATUTE
Whoever steals, takes, or abstracts, or by fraud or deception
obtains, or attempts so to obtain, from or out of any mail, post
office, or station 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, package, 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
collection upon or adjacent to a collection box or other authorized
depository of mail matter; or
Whoever buys, receives, or conceals, or unlawfully has in his
possession, any letter, postal card, package, bag, or mail, or any
article or thing contained therein, which has been so stolen,
taken, embezzled, or abstracted, as herein described, knowing the
same to have been stolen, taken, embezzled, or abstracted -
Shall be fined under this title or imprisoned not more than five
years, or both.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 779; May 24, 1949, ch. 139, Sec.
39, 63 Stat. 95; July 1, 1952, ch. 535, 66 Stat. 314; Pub. L. 103-
322, title XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat.
2147.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Secs. 317, 321 (Mar. 4,
1909, ch. 321, Secs. 194, 198, 35 Stat. 1125, 1126; May 18, 1916,
ch. 126, Sec. 10, 39 Stat. 162; July 28, 1916, ch. 261, Sec. 1, 39
Stat. 418; Feb. 25, 1925, ch. 318, 43 Stat. 977; May 7, 1934, ch.
220, Sec. 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. Provisions 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 prosecutions
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.
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.
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