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§ 1723. —  Avoidance of postage by using lower class matter.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC1723]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                       CHAPTER 83--POSTAL SERVICE
 
Sec. 1723. Avoidance of postage by using lower class matter

    Matter of the second, third, or fourth class containing any writing 
or printing in addition to the original matter, other than as authorized 
by law, shall not be admitted to the mails, nor delivered, except upon 
payment of postage for matter of the first class, deducting therefrom 
any amount which may have been prepaid by stamps affixed, unless by 
direction of a duly authorized officer of the Postal Service such 
postage shall be remitted.
    Whoever knowingly conceals or incloses any matter of a higher class 
in that of a lower class, and deposits the same for conveyance by mail, 
at a less rate than would be charged for such higher class matter, shall 
be fined under this title.

(June 25, 1948, ch. 645, 62 Stat. 784; Pub. L. 91-375, Sec. 6(j)(31), 
Aug. 12, 1970, 84 Stat. 780; Pub. L. 103-322, title XXXIII, 
Sec. 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)


                      Historical and Revision Notes

    Based on title 18, U.S.C., 1940 ed., Sec. 351 (Mar. 4, 1909, ch. 
321, Sec. 221, 35 Stat. 1132).
    Reference to persons causing or procuring was omitted as unnecessary 
in view of definition of ``principal'' in section 2 of this title.
    Minor verbal changes were made.


                               Amendments

    1994--Pub. L. 103-322 substituted ``fined under this title'' for 
``fined not more than $100'' in second par.
    1970--Pub. L. 91-375 substituted ``a duly authorized officer of the 
Postal Service'' for ``Postmaster General'' in first par.


                    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.



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