All matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, and all postal cards upon which, any delineations, epithets, terms, or language of an indecent, lewd, lascivious, or obscene character are written or printed or otherwise impressed or apparent, are nonmailable matter, and shall not be conveyed in the mails nor delivered from any post office nor by any letter carrier, and shall be withdrawn from the mails under such regulations as the Postal Service shall prescribe.
Whoever knowingly deposits for mailing or delivery, anything declared by this section to be nonmailable matter, or knowingly takes the same from the mails for the purpose of circulating or disposing of or aiding in the circulation or disposition of the same, shall be fined under this title or imprisoned not more than five years, or both.
June 25, 1948, ch. 645 62 Stat. 769 Pub. L. 91–375, § 6(j)(13)84 Stat. 778 Pub. L. 103–322, title XXXIII, § 330016(1)(K)108 Stat. 2147 (, ; , , ; , , .)
Historical and Revision Notes
Mar. 4, 1909, ch. 321, § 212 35 Stat. 1129 Based on title 18, U.S.C., 1940 ed. § 335 (, ).
section 335 of title 18section 1718 of this titleSaid , U.S.C., 1940 ed., was incorporated in this section and .
section 2 of this titleReference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in .
Minor changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $5,000” in last par.
Pub. L. 91–3751970— substituted “Postal Service” for “Postmaster General”.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Pub. L. 91–375section 15(a) of Pub. L. 91–375section 101 of Title 39Amendment by 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 , set out as an Effective Date note preceding , Postal Service.