Source
(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, § 5, Aug. 12, 1958, 72 Stat. 562; Pub. L. 91–375, § 6(j)(25), Aug. 12, 1970, 84 Stat. 779; Pub. L. 92–191, § 1, Dec. 15, 1971, 85 Stat. 647; Pub. L. 99–570, title X, § 10003, Oct. 27, 1986, 100 Stat. 3207–167; Pub. L. 103–322, title VI, § 60003(a)(7), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L. 104–294, title VI, § 607(g), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, § 4002(b)(2), (6), Nov. 2, 2002, 116 Stat. 1807; Pub. L. 109–435, title X, § 1008(d), Dec. 20, 2006, 120 Stat. 3261.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 340 (Mar. 4, 1909. ch. 321, § 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
2006—Subsec. (a).
Pub. L. 109–435 inserted “hazardous materials,” after “explosives,”.
2002—Subsec. (g)(3).
Pub. L. 107–273, § 4002(b)(2), made technical correction to directory language of
Pub. L. 104–294, § 607(g)(2). See 1996 Amendment note below.
Subsec. (j).
Pub. L. 107–273, § 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, § 4002(b)(6)(D), redesignated subsec. (j) as (k).
1996—Subsec. (g)(2).
Pub. L. 104–294, § 607(g)(1), substituted “State” for “State, Territory, or the District of Columbia”.
Subsec. (g)(3).
Pub. L. 104–294, § 607(g)(2), as amended by
Pub. L. 107–273, § 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, § 607(g)(3), added subsec. (j) at end.
1994—
Pub. L. 103–322, § 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, § 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, § 6(j)(25)(B)(ii), substituted “officer or employee of the Postal Service” for “letter carrier”.
Second par.
Pub. L. 91–375, § 6(j)(25)(A), substituted “Postal Service” and “it shall prescribe” for “Postmaster General” and “he shall prescribe”.
Third par.
Pub. L. 91–375, § 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, § 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 § 6(j)(25)(B)(i) substituted “Postal Service” for “Postmaster General” in two places.
Seventh par.
Pub. L. 91–375, § 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, § 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, § 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, § 17, July 12, 1960,
74 Stat. 380, set out as a note under section
1261 of Title
15, Commerce and Trade.