18 U.S.C. § 1463

Mailing indecent matter on wrappers or envelopes

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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and shall not be conveyed in the mails nor delivered from any post office nor by any letter carrier, and shall be withdrawn from the mails under such regulations as the Postal Service shall prescribe.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.

Notes of Decisions

Cited in 13 cases, 1958–2018 · leading case: Manual Enterprises, Inc. v. Day

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Manual Enterprises, Inc. v. Day (1962) scotus · cites it 2× “But even that was a prohibition "out of abundant caution" and was not intended to imply any power to open mail of other classes.”

Delta Book Distributors, Inc. v. Cronvich (1969) laed · cites it 2× “§ 1461 ; as well as for transgressing the law that makes it a crime to mail matter containing "upon the envelope or outside cover * * * language of an indecent, lewd, lascivious or obscene character," even though the contents are "otherwise mailable by law"; 18 U.S.C. § 1463 ;…”

Hatfield v. Sessions (2018) ilsd “§ 1301 ); mailing indecent matter on the outside of an envelope ( 18 U.S.C § 1463 ); possessing contraband smokeless tobacco ( 18 U.”

United States v. John Herman Melvin (1969) ca4 “§ 1461 (mail) ; 18 U.S.C. § 1463 (mail) ; 18 U.S.C. § 1464 (broadcast).”

Cleo Francis Hughes v. United States (1963) ca10 “18 U.S.C. § 1463 declares matters which are otherwise mailable to be nonmailable if the envelope or outside cover or wrapper and all postal cards display inde-cedent, lewd, lascivious or obscene printed matter or characters.”

Glass v. Eighth Judicial District Court (1971) nev · cites it 2× “[9] See 18 U.S.C. § 1463 . [10] See 18 U.S.C. § 1464 .”

Tollett v. United States (1973) ca8 · cites it 2× “A separate statute, 18 U.S.C. § 1463 , similar to § 1718, punishes the sending of lewd and obscene writings.”

Joseph G. Arco v. Dr. P. J. Ciccone, Director, Medical Center for Federal Prisoners, Springfield, Missouri (1966) ca8 “Appellant is under a charge in the Western District of Michigan of violating 18 U.S.C. § 1463 , in having deposited in the mails a letter addressed to “L.”

United States v. Handler (1974) mdd “In 1948 the provision dealing with obscenity was split off and placed in 18 U.S.C. § 1463 . Tollett v. United States, 485 F.”

John Albert Hatschner v. United States (1962) ca10 “§ 2255 from a sentence imposed upon him after conviction for a violation of Title 18 U.S.C.A. § 1463 . The petition, filed in proper person, sets forth some twenty alleged grounds for relief and a supplemental petition, similarly filed, adds forty-seven complaints.”

United States v. Keller (1958) pamd “Defendant convicted of violating 18 U. S.C.A. § 1463, 1 i. e., that he “did knowingly deposit for mailing a postal card -X- * * upon which language of an indecent character was written”, moves for judgment of acquittal, F.”

Cappalli v. Nordstrom FSB (2002) ca3 “88 the Bank billed her represented an interest charge of 391% in violation of her cardholder agreement and HOLA. Section 1463(g) of HOLA provides, in relevant part, that “a [national] savings association may charge interest on any extension of credit .”

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