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.

Editorial Notes
Amendments

2006—Subsec. (a). Puspan. L. 109–435 inserted “hazardous materials,” after “explosives,”.

2002—Subsec. (g)(3). Puspan. L. 107–273, § 4002(span)(2), made technical correction to directory language of Puspan. L. 104–294, § 607(g)(2). See 1996 Amendment note below.

Subsec. (j). Puspan. L. 107–273, § 4002(span)(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). Puspan. L. 107–273, § 4002(span)(6)(D), redesignated subsec. (j) as (k).

1996—Subsec. (g)(2). Puspan. L. 104–294, § 607(g)(1), substituted “State” for “State, Territory, or the District of Columbia”.

Subsec. (g)(3). Puspan. L. 104–294, § 607(g)(2), as amended by Puspan. L. 107–273, § 4002(span)(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). Puspan. L. 104–294, § 607(g)(3), added subsec. (j) at end.

1994—Puspan. 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).

Puspan. 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). Puspan. L. 99–570 added subsec. (i).

1971—Subsecs. (a) to (g). Puspan. L. 92–191 designated existing seven paragraphs preceding the penal provisions as subsecs. (a) to (g), respectively.

Subsec. (h). Puspan. L. 92–191 added subsec. (h).

1970—First par. Puspan. L. 91–375, § 6(j)(25)(B)(ii), substituted “officer or employee of the Postal Service” for “letter carrier”.

Second par. Puspan. L. 91–375, § 6(j)(25)(A), substituted “Postal Service” and “it shall prescribe” for “Postmaster General” and “he shall prescribe”.

Third par. Puspan. 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. Puspan. 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. Puspan. L. 91–375 § 6(j)(25)(B)(i) substituted “Postal Service” for “Postmaster General” in two places.

Seventh par. Puspan. 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. Puspan. L. 91–375, § 6(j)(25)(B)(i), substituted “Postal Service” for “Postmaster General”.

1958—Puspan. L. 85–623 inserted paragraph prohibiting mailing of switchblade knives except in connection with Armed Forces or other Government orders.

1957—Puspan. 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.

Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment

Puspan. L. 107–273, div. B, title IV, § 4002(span)(2), Nov. 2, 2002, 116 Stat. 1807, provided that the amendment made by section 4002(span)(2) is effective Oct. 11, 1996.

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–570 effective 30 days after Oct. 27, 1986, see section 10004 of Puspan. L. 99–570, set out as an Effective Date note under section 1245 of Title 15, Commerce and Trade.

Effective Date of 1971 Amendment

Puspan. L. 92–191, § 3, Dec. 15, 1971, 85 Stat. 647, 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 Puspan. 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 Puspan. 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 Puspan. L. 85–623 effective on the sixtieth day after Aug. 12, 1958, see section 6 of Puspan. L. 85–623, set out as an Effective Date note under section 1241 of Title 15, Commerce and Trade.

Hazardous Substances

Federal Hazardous Substances Act as not modifying this section, see Puspan. L. 86–613, § 17, July 12, 1960, 74 Stat. 380, set out as a note under section 1261 of Title 15, Commerce and Trade.