Whoever willfully or maliciously injures, tears down or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or breaks open the same or willfully or maliciously injures, defaces or destroys any mail deposited therein, shall be fined under this title or imprisoned not more than three years, or both.
June 25, 1948, ch. 64562 Stat. 779May 24, 1949, ch. 139, § 3863 Stat. 95Pub. L. 103–322, title XXXIII, § 330016(1)(H)108 Stat. 2147Pub. L. 107–273, div. B, title III, § 3002(a)(2)116 Stat. 1805(, ; , ; , , ; , , .)
Historical and Revision Notes
Act1948
Mar. 4, 1909, ch. 321, § 19835 Stat. 1126May 18, 1916, ch. 126, § 1039 Stat. 162July 28, 1916, ch. 261, § 139 Stat. 418May 7, 1934, ch. 220, § 148 Stat. 667Based on title 18, U.S.C., 1940 ed., § 321 (, ; , ; , ; , ).
section 1702 of this titlesection 1702 of this titleHuebner v. United StatesWords “or shall willfully take or steal such mail from or out of such letter box or other receptacle” were omitted as covered by . Prosecutions for theft of mail matter are invariably made under that section whereas this section is used as basis for prosecutions for malicious mischief to mail boxes or receptacles. By Postal Regulations (1928), section 700, paragraph 2, an ordinary letter box is within this section and also . (C.C.A. 1928, 28 F. 2d 929).
section 2 of this titleReference to persons assisting or aiding was omitted. Such persons are principals under definitive .
Minor changes were made in phraseology.
Act1949
section 1705 of title 18As amended by this section [section 38] of the bill, , U.S.C., is brought more closely into conformity with the original statute from which it was derived by eliminating an inadvertent reference to a “conveyance” which was not in the original statute. (See S. Rept. No. 133, 81st Cong.)
Editorial Notes
Amendments
Pub. L. 107–2732002— inserted “, or both” after “years”.
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $1,000”.
1949—Act , struck out reference to a “conveyance” which was not in original statute.