Title 18 — Crimes and Criminal ProcedureRelease 119-73not60
§1723 Avoidance of Postage by Using Lower Class Matter
Title 18 › Part I— CRIMES › Chapter 83— POSTAL SERVICE › § 1723
Summary
If second-, third-, or fourth-class mail has any extra writing or printing beyond the original content, it cannot be sent or delivered unless the sender pays first-class postage. Any stamps already on it are subtracted from what is owed, and an authorized Postal Service official can choose to forgive the extra postage. Anyone who knowingly hides higher-class material inside lower-class mail and sends it at the cheaper rate can be fined.
Full Legal Text
Title 18, §1723
Crimes and Criminal Procedure — Source: USLM XML via OLRC
Matter of the second, third, or fourth class containing any writing or printing in addition to the original matter, other than as authorized by law, shall not be admitted to the mails, nor delivered, except upon payment of postage for matter of the first class, deducting therefrom any amount which may have been prepaid by stamps affixed, unless by direction of a duly authorized officer of the Postal Service such postage shall be remitted. Whoever knowingly conceals or incloses any matter of a higher class in that of a lower class, and deposits the same for conveyance by mail, at a less rate than would be charged for such higher class matter, shall be fined under this title.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 351 (Mar. 4, 1909, ch. 321, § 221, 35 Stat. 1132). Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title. Minor verbal changes were made.
Editorial Notes
Amendments
1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $100” in second par. 1970—Pub. L. 91–375 substituted “a duly authorized officer of the Postal Service” for “Postmaster General” in first par.
Statutory Notes and Related Subsidiaries
Effective Date
of 1970 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 1723
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60