Mail Theft Charges and Penalties

The United States Postal Service (USPS) is a federal agency, which makes stealing mail a federal offense. Mail theft, which is a felony, is the act of taking mail from someone else’s letter box, post office box, or corner mail receptacle. You can also be guilty of mail theft if you destroy mail or mailboxes, or interfere with a mail carrier or their mail route.

Mail theft laws have expanded to include stealing packages left by Amazon and other delivery services, such as UPS. While so-called “porch pirates” do not steal mail in the traditional sense, packages delivered by the USPS could be a federal offense as well as a state crime.

In this article, we’ll explain what mail theft is, how it extends to package theft, and the potential penalties for this criminal charge. This can include jail time in a federal prison.

What Is Mail Theft?

According to federal law, mail theft is taking, stealing, or removing any letter, postal card, or package from any authorized depository (mailbox, post office, letter carrier, etc.). Mail theft also includes obtaining items you know were stolen, taking or keeping them under false pretenses, or destroying or tampering with mail or mail depositories.

Mail theft is a crime often connected to other criminal activities. Mail thieves seldom steal advertisements or other useless pieces of mail. They look for specific items and use them for other types of financial crimes. Common crimes stemming from mail theft may include:

• Identity theft: Mail can contain Social Security numbers, ID information, and other useful items for identity thieves
• Credit card fraud: At one time, anyone could activate the “pre-approved credit cards” that banks and other companies sent through the mail to commit credit card fraud, but this has been made more difficult
• Check washing scams: Check washing involves removing signatures and payee names before inscribing new data to access real accounts

This is not a complete list of mail-related scams.

State Mail Theft Crimes

State mail theft charges typically mirror the federal statute. For instance, California’s penal code references the federal code directly: “Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code.”

State mail theft charges are usually classified as misdemeanors. States generally refer allegations of stealing mail to authorities in the federal government. Porch piracy cases can be an exception, since those involve private carriers.

Mail Theft vs. Mail Fraud

Mail fraud is a type of financial crime. It involves using the mail to perpetrate a fraud or scam. Despite the name, mail fraud rarely involves the actual theft of pieces of mail. Since the rise of the internet, email fraud, phone scams, and fraudulent text messages have supplanted mail fraud.

Package Theft

Packages delivered via private carriers, such as UPS, FedEx, or Amazon, usually get prosecuted under state law as theft of property. They may be felonies or misdemeanors, depending on the value of the property taken. Other crimes may apply, such as trespassing or destruction of property.

In certain circumstances, prosecutors may file federal charges if the USPS made the final delivery of the package. Private carriers have contracted with the postal service for delivery in some locations. If the USPS were the final carrier, a theft would become a federal offense.

Mail theft can be a federal crime and a state crime if:

• The offense involves an unlawful interstate transfer
• The package contained illegal contraband
• The theft involved other federal laws

States prosecute mail theft as larceny, and the type of crime depends on the value of the stolen items.

Charges and Penalties for Mail Theft

Under federal law, the theft itself is the crime. Mail theft is a federal felony with penalties that include up to five years in prison, fines of up to $250,000, or both.

Prosecutors file related offenses separately from the mail theft. In addition to fraud and identity theft, crimes can include:

• Grand theft: If the property value is over the statutory amount (such as in California, where $950 is grand theft)
• Petty theft or petit larceny: If the property value is under the grand theft value
• Receipt of stolen property: Applies to stolen mail or the use of stolen mail for fraudulent purposes
• Embezzlement: Applies to postal employees entrusted with handling mail who take advantage of that trust to steal items

If you or someone you love is facing any of these charges, it’s a good idea to speak with a criminal defense lawyer for legal assistance.

Get Legal Advice From a Criminal Defense Attorney

Even taking someone’s mail by accident can become mail theft unless you take the proper steps. If you’ve been charged with mail theft, the penalties can be serious. You need legal representation and a criminal defense attorney who can appear in federal court on your behalf. FindLaw’s free directory of experienced attorneys can help you find an advocate in your area who is ready to help.