TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 83 - POSTAL SERVICE
HEAD
Sec. 1716. Injurious articles as nonmailable
STATUTE
(a) All kinds of poison, and all articles and compositions
containing poison, and all poisonous animals, insects, reptiles,
and all explosives, hazardous materials, inflammable materials,
infernal machines, and mechanical, chemical, 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 injure another, or injure the mails
or other property, whether or not sealed as first-class matter, are
nonmailable matter and shall not be conveyed in the mails or
delivered from any post office or station thereof, nor by any
officer or employee of the Postal Service.
(b) The Postal Service may permit the transmission in the mails,
under such rules and regulations as it shall prescribe as to
preparation and packing, of any such articles which are not
outwardly or of their own force dangerous or injurious to life,
health, or property.
(c) The Postal Service is authorized and directed 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 handling 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 engaged in the carriage of
passengers for compensation or hire.
(d) The transmission in the mails of poisonous drugs and
medicines may be limited by the Postal Service to shipments of such
articles from the manufacturer thereof or dealer therein to
licensed physicians, surgeons, dentists, pharmacists, 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 injurious to life, health, or property, may be limited
by the Postal Service to shipments of such articles between the
manufacturers thereof, dealers therein, bona fide research or
experimental 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 prescribe.
(f) All spirituous, vinous, malted, fermented, or other
intoxicating liquors of any kind are nonmailable and shall not be
deposited in or carried 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 officer or employee of the Postal Service. Such
knives may be conveyed in the mails, under such regulations as the
Postal Service shall prescribe -
(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 purchasing such knives in connection with the
activities of such organizations;
(3) to supply or procurement officers or employees of any
State, or any political subdivision of a State or Territory,
ordering, procuring, or purchasing such knives in connection 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 Service
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 contains
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 subsection (g) for knives
described in the first sentence of that subsection.
(2) As used in this subsection, the term "ballistic 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
delivered by the person to whom it is addressed, anything declared
nonmailable by this section, unless in accordance with the rules
and regulations authorized to be prescribed by the Postal Service,
shall be fined under this title or imprisoned 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 prohibited 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
commonwealth, territory, or possession of the United States.
SOURCE
(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, Sec. 5, Aug. 12, 1958,
72 Stat. 562; Pub. L. 91-375, Sec. 6(j)(25), Aug. 12, 1970, 84
Stat. 779; Pub. L. 92-191, Sec. 1, Dec. 15, 1971, 85 Stat. 647;
Pub. L. 99-570, title X, Sec. 10003, Oct. 27, 1986, 100 Stat. 3207-
167; Pub. L. 103-322, title VI, Sec. 60003(a)(7), title XXXIII,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L.
104-294, title VI, Sec. 607(g), Oct. 11, 1996, 110 Stat. 3511; Pub.
L. 107-273, div. B, title IV, Sec. 4002(b)(2), (6), Nov. 2, 2002,
116 Stat. 1807; Pub. L. 109-435, title X, Sec. 1008(d), Dec. 20,
2006, 120 Stat. 3261.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 340 (Mar. 4, 1909. ch.
321, Sec. 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 omitted 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 sections as sections 111 and 1113
of this title.
Minor changes were made in phraseology.
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-435 inserted "hazardous
materials," after "explosives,".
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.
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