§ 1716. — Injurious articles as nonmailable.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1716]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 83--POSTAL SERVICE
Sec. 1716. Injurious articles as nonmailable
(a) All kinds of poison, and all articles and compositions
containing poison, and all poisonous animals, insects, reptiles, and all
explosives, 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.
(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.)
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
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.
Section Referred to in Other Sections
This section is referred to in title 19 section 1583; title 39
section 3001.
