Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or
Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or
Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—
Shall be fined under this title or imprisoned not more than five years, or both.
June 25, 1948, ch. 64562 Stat. 779May 24, 1949, ch. 139, § 3963 Stat. 95July 1, 1952, ch. 53566 Stat. 314Pub. L. 103–322, title XXXIII, § 330016(1)(I)108 Stat. 2147(, ; , ; , ; , , .)
Historical and Revision Notes
Act1948
Mar. 4, 1909, ch. 32135 Stat. 1125May 18, 1916, ch. 126, § 1039 Stat. 162July 28, 1916, ch. 261, § 139 Stat. 418Feb. 25, 1925, ch. 31843 Stat. 977May 7, 1934, ch. 220, § 148 Stat. 667Aug. 26, 1935, ch. 69349 Stat. 867Aug. 7, 1939, ch. 55753 Stat. 1256Based on title 18, U.S.C., 1940 ed., §§ 317, 321 (, §§ 194, 198, , 1126; , ; , ; , ; , ; , ; , ).
Each of these two sections has been divided. Provisions relating to theft or larceny of mail were placed in this section.
section 321 of title 18Rosen v. United StatesFoster v. Biddlesection 317 of title 18section 321 of title 18Words “letter box, mail receptacle, or any mail route” are from , U.S.C., 1940 ed. Such receptacles are authorized depositaries. (See , N.Y. 1917, 38 S.Ct. 148, 245 U.S. 467, 62 L.Ed. 406, and , C.C.A. Kan. 1926, 14 F.2d 280, involving indictment under , U.S.C., 1940 ed.) No cases are reported of prosecutions for mail theft under , U.S.C., 1940 ed., which relates primarily to malicious mischief respecting letter boxes.
section 317 of title 18section 321 of title 18Language omitted from , U.S.C., 1940 ed., and all of , U.S.C., 1940 ed., except that above quoted, was incorporated in sections 1702 and 1705 of this title.
section 2 of this titleWords “or aids in buying, receiving, or concealing” were omitted as unnecessary in view of the definition of principal in .
The smaller penalty for an offense involving $100 or less was added. (See sections 641 and 645 of this title.)
Minor changes were made in phraseology.
Act1949
section 1708 of title 18This section [section 39] corrects a typographical error in , U.S.C.
Editorial Notes
Amendments
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $2,000” in last par.
1952—Act , made any thefts or receipt of stolen mail a felony regardless of the monetary value of the thing stolen.
1949—Act , substituted “buys” for “buy” in third par.