Title 18 — Crimes and Criminal Procedure
Part I · Chapter 83 — Postal Service
§ 1717. Letters and writings as nonmailable
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 1717
June 25, 1948, ch. 645, 62 Stat. 782
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 782Pub. L. 86–682 § 12(b) · 74 Stat. 578
Struck · 18 U.S.C. § 1717(c)
Pub. L. 86–682 struck out subsec. (c) which related to the opening of letters
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–682 struck out subsec. (c) which related to the opening of letters.Enacted provision · exact public law section
(b) Subsection (c) of section 1717, title 18, United States Code is hereby repealed.Postal Reorganization Act
Pub. L. 91–375 § 6(j)(27) · 84 Stat. 719
Struck · 18 U.S.C. § 1717(b)
Pub. L. 91–375 struck out “of the United States” after “Postal Service”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 91–375 struck out “of the United States” after “Postal Service”.Enacted provision · exact public law section
(27) Section 1717(b) is amended by striking out “of the United States”.Effective date note
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.Crime Control Act of 1990
Pub. L. 101–647 title XXXV § 3552(a) · 104 Stat. 4789
Struck · 18 U.S.C. § 1717
Pub. L. 101–647 struck out “; opening letters” after “nonmailable” in section catchline
Source evidence
Code amendment note
Pub. L. 101–647 struck out “; opening letters” after “nonmailable” in section catchline.Enacted provision · exact public law section
(a) Generally.— The heading of section 1717 of title 18, United States Code, is amended by striking “; opening letters”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796
Substituted · 18 U.S.C. § 1717(b)
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.Enacted provision · exact public law section
(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§ 343, 344, 345, 346 (June 15, 1917, ch. 30, title XII, §§ 1–3, title XIII, § 1, 40 Stat. 230, 231; Mar. 28, 1940, ch. 72, § 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.
Editorial Notes
Amendments1960–1994 · 4 rounds
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 struck out subsec. (c) which related to the opening of letters.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after , 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 1960 Amendment
Amendment by Pub. L. 86–682 effective , see section 11 of Pub. L. 86–682, , 74 Stat. 708.
Credits
1948–1994 · 5 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 782
- 1960Pub. L. 86–682, § 12(b), , 74 Stat. 708
- 1970Pub. L. 91–375, § 6(j)(27), , 84 Stat. 780
- 1990Pub. L. 101–647, title XXXV, § 3552(a), , 104 Stat. 4926
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 782; Pub. L. 86–682, § 12(b), , 74 Stat. 708; Pub. L. 91–375, § 6(j)(27), , 84 Stat. 780; Pub. L. 101–647, title XXXV, § 3552(a), , 104 Stat. 4926; Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147.)