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§ 1705. —  Destruction of letter boxes or mail.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC1705]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                       CHAPTER 83--POSTAL SERVICE
 
Sec. 1705. Destruction of letter boxes or mail

    Whoever willfully or maliciously injures, tears down or destroys any 
letter box or other receptacle intended or used for the receipt or 
delivery 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, Sec. 38, 
63 Stat. 95; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 
1994, 108 Stat. 2147; Pub. L. 107-273, div. B, title III, 
Sec. 3002(a)(2), Nov. 2, 2002, 116 Stat. 1805.)


                      Historical and Revision Notes

                            1948 Act

    Based on title 18, U.S.C., 1940 ed., Sec. 321 (Mar. 4, 1909, ch. 
321, Sec. 198, 35 Stat. 1126; May 18, 1916, ch. 126, Sec. 10, 39 Stat. 
162; July 28, 1916, ch. 261, Sec. 1, 39 Stat. 418; May 7, 1934, ch. 220, 
Sec. 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. Prosecutions 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 section 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.)


                               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 ``conveyance'' 
which was not in original statute.



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