§ 1717. — Letters and writings 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: 18USC1717]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 83--POSTAL SERVICE
Sec. 1717. Letters and writings as nonmailable
(a) Every letter, writing, circular, postal card, picture, print,
engraving, photograph, newspaper, pamphlet, book, or other publication,
matter or thing, in violation of sections 499, 506, 793, 794, 915, 954,
956, 957, 960, 964, 1017, 1542, 1543, 1544 or 2388 of this title or
which contains any matter advocating or urging treason, insurrection, or
forcible resistance to any law of the United States is nonmailable and
shall not be conveyed in the mails or delivered from any post office or
by any letter carrier.
(b) Whoever uses or attempts to use the mails or Postal Service for
the transmission of any matter declared by this section to be
nonmailable, shall be fined under this title or imprisoned not more than
ten years or both.
(June 25, 1948, ch. 645, 62 Stat. 782; Pub. L. 86-682, Sec. 12(b), Sept.
2, 1960, 74 Stat. 708; Pub. L. 91-375, Sec. 6(j)(27), Aug. 12, 1970, 84
Stat. 780; Pub. L. 101-647, title XXXV, Sec. 3552(a), Nov. 29, 1990, 104
Stat. 4926; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13,
1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 343, 344, 345, 346 (June
15, 1917, ch. 30, title XII, Secs. 1-3, title XIII, Sec. 1, 40 Stat.
230, 231; Mar. 28, 1940, ch. 72, Sec. 9, 54 Stat. 80).
Section consolidates said sections 343-345 of title 18, U.S.C., 1940
ed. The provision as to opening letters was incorporated in paragraph
(c).
Venue provisions in said section 345 of title 18, U.S.C., 1940 ed.,
were omitted as covered by section 3237 of this title.
Section 346 of title 18, U.S.C., 1940 ed., defining ``United
States'' was omitted. It is incorporated, however, in section 5 of this
title.
References in text to other sections do not include definitive
sections. Only those susceptible of violation are cited.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in arrangement, translation, and
phraseology.
Amendments
1994--Subsec. (b). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $5,000''.
1990--Pub. L. 101-647 struck out ``; opening letters'' after
``nonmailable'' in section catchline.
1970--Subsec. (b). Pub. L. 91-375 struck out ``of the United
States'' after ``Postal Service''.
1960--Subsec. (c). Pub. L. 86-682 repealed subsec. (c) which related
to the opening of letters, effective Sept. 1, 1960.
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.
Section Referred to in Other Sections
This section is referred to in title 22 section 614; title 39
section 3001.
