How To Deal With Stolen Mail Packages

If your packages are stolen from your house, contact the seller to see if they will send a replacement or, if you purchased insurance, file an insurance claim with the shipping company. If you face regular package theft, consider having packages delivered to your workplace or to a friend who will be home at the time.

The rights of a customer receiving a package from a delivery company depend on the shipping agreement, vendor policies, and insurance coverage. For legal advice on protecting your legal rights, contact a consumer law attorney for help.

Stolen Mail vs. Stolen Packages

There is a difference in the legal protections involving stolen mail and stolen packages. Federal law protects missing mail and packages shipped through the U.S. Postal Service (USPS). Packages delivered by common carriers such as UPS, FedEx, or Amazon are subject to state law.

However, package theft involving interstate commerce, federal property, or large-scale organized theft rings could implicate both state and federal law.

The U.S. Postal Inspection Service investigates cases of mail theft, with serious penalties of up to five years in prison. For stolen mail or packages delivered through USPS, contact the U.S. Postal Inspection Service for help. For other stolen delivery packages, contact your local law enforcement agency to report the theft and file a police report.

Liability for Lost or Missing Packages

With the rise in online shopping and package deliveries has been a rise in package thefts from people’s front porches. There are various options for liability when shipping a package.

The terms and conditions of your shipping agreement will state whether you’ve entered a Freight on Board Destination or Freight on Board Origin arrangement.

The type of agreement you have will determine your options for dealing with a missing or lost package.

Freight on Board Destination

Under a Free on Board (FOB) Destination agreement, the seller or retailer is responsible for any loss or damage to the goods in transit until they arrive at the destination.

If the package is lost or damaged during transit with a third-party shipper or delivery service, such as the United States Postal Service (USPS) or FedEx, the seller is responsible and must usually replace the item or issue a refund.

Freight on Board Origin

A FOB Origin agreement means that the buyer assumes liability for the goods as soon as they are shipped from the seller’s location.

The buyer carries the risk of loss from the moment the item is purchased and is responsible for the shipping.

When Is a Package Considered Delivered?

So, when does the risk of loss of a package actually transfer to the buyer? If a delivery contract doesn’t require a buyer to sign for the package, it is deemed delivered when placed near the front door.

However, if the delivery contract requires that someone sign for the package, delivery is not transferred from the seller to the buyer until the hand-to-hand transfer occurs.

If you can, take the time to review the contract terms before making your purchase online. Knowing when a delivered good becomes your responsibility is the key to preventing a loss.

Filing an Insurance Claim for Stolen Packages

You may have insurance coverage for stolen packages from the delivery company, or you can buy additional insurance. Homeowners or renters insurance may also cover stolen packages over your deductible. USPS also offers supplemental insurance for insured mail that is lost or damaged.

Carriers often offer insurance to sellers, and buyers can choose whether to purchase it when ordering a package. Regardless of whether the insurance originated with the carrier or the seller, it’s often the carrier that insures the value of the package if there is an issue during delivery.

To file a claim, review your paperwork to ensure the missing package is covered, the coverage amount, and the filing deadlines. Gather any documentation, including the policy number, shipping information, receipts, and a copy of the police report. File the necessary information for your claim with the shipper or insurance provider.

Some credit card companies provide purchase protection, which covers items purchased with the credit card. Review your credit card company’s policies to file a claim. Purchase protection generally provides secondary coverage after filing a claim with your primary insurer.

What if My Package Goes Missing?

If a package is stolen off your porch, there are a number of steps you can take:

1. Contact the carrier to confirm the package was delivered as agreed. Get the delivery confirmation time and location. If you purchased insurance, the shipper may reimburse you.
2. Contact the seller to see if they will replace the item. Generally, Amazon replaces stolen items very quickly, and other sellers may be similarly accommodating. You may be able to get a replacement or refund for a stolen package.
3. File a police report with your local law enforcement agency. Generally, a buyer must be able to prove that the package’s loss was not their fault to be reimbursed. Filing a report with the local police will not only help your claim, but it may also help keep a thief from striking again.

Law enforcement agencies strongly discourage confronting package thieves, who may be aggressive or armed. Contact law enforcement and focus on your personal safety.

Taking Preventive Measures Against Stolen Packages

You can take preventative measures to reduce the risk of package theft. Some vendors offer lockers or secure pickup locations, such as Amazon Lockers for Amazon packages. For USPS package deliveries, you can have the local post office hold the package for pickup.

Many homeowners use home security systems that include a camera monitoring porch activity. This includes Ring video doorbells that consumers can monitor or record. Some also use combination-enabled lock boxes or have packages delivered to their workplaces or back doors.

When you know you have a package on the way, monitor its progress with tracking information and notifications to see when it is close and when it is delivered. Speak to a trusted neighbor and ask them to hold your package or put it somewhere safe if you are not home when the delivery person arrives.

When shipping an item to someone else, consider using a signature confirmation or a signature-required delivery to ensure it reaches the intended recipient.

Criminal Penalties for Stolen Packages

In most states, the criminal penalties for stolen packages depend on the value of the items. Theft of packages valued at less than a certain amount is generally a misdemeanor, with penalties including fines and up to a year in jail. Stealing packages valued at more than a certain amount is a felony, with possible prison time of more than a year.

A number of states have passed porch piracy laws that elevate package theft penalties to result in felony charges. The following table details state law penalties for package theft.

Package Theft and Porch Piracy Laws by State

State	Package Theft Law	Felony or Misdemeanor	Potential Penalties	State Statute
Alabama	Yes	Felony or misdemeanor	Under 10 addresses: misdemeanor (up to 1 year); 10–29 items: class D felony (1 to 5 years); 30+ items: class C felony (up to 10 years)	Ala. Code § 13A-8-5.1
Alaska	No	Misdemeanor; felony over $250	Up to 1 year in jail (misdemeanor) or up to 5 years in prison (felony)	Alaska Stat. § 11.46.140
Arizona	No	Misdemeanor; felony over $1,000	Up to 6 months in jail (misdemeanor) or 6 months to 2.5 years in prison (felony)	Ariz. Rev. Stat. § 13-1802
Arkansas	Yes	Felony	1st offense (class D felony) up to 6 years in prison; 2nd offense (class A felony) up to 30 years in prison	Ark. Code § 5-36-127
California	No	Misdemeanor; felony over $950	Up to 6 months in jail (misdemeanor) or up to 3 years in prison (felony)	Cal. Penal Code § 487
Colorado	No	Misdemeanor; felony over $2,000	Up to 364 days in jail (misdemeanor) or 1 to 3 years in prison (felony)	Colo. Rev. Stat. § 18-4-401
Connecticut	No	Misdemeanor; felony over $1,000	Up to 1 year in jail (misdemeanor) or 1 to 5 years in prison (felony)	Conn. Gen. Stat. § 53a-125b
Delaware	No	Misdemeanor; felony over $1,500	Up to 1 year in jail (misdemeanor) or up to 2 years in prison (felony)	Del. Code Tit. 11, § 841
Florida	Yes	Felony or misdemeanor	1st offense: 1st degree misdemeanor (up to 1 year); 2nd offense: 3rd-degree felony (up to 5 years prison)	Fla. Stat. § 812.136
Georgia	Yes	Felony stealing 3 or more packages from 3 different addresses	From 1 to 5 years in prison	Ga. Code § 16-8-25
Hawaii	No	Misdemeanor; felony if over $750	Up to 1 year in jail (misdemeanor) or up to 5 years in prison (felony)	Haw. Rev. Stat. § 708-831
Idaho	No	Misdemeanor; felony over $1,000	Up to 1 year in jail (misdemeanor) or 1 to 14 years in prison (felony)	Idaho Code § 18-2407
Illinois	No	Misdemeanor; felony over $500	Up to 1 year in jail (misdemeanor) or 1 to 3 years in prison (felony)	720 ILCS 5/16-1
Indiana	No	Misdemeanor; felony if over $750	Up to 1 year in jail (misdemeanor) or 6 months to 2.5 years in prison (felony)	Ind. Code § 35-43-4-2
Iowa	No	Misdemeanor; felony over $1,500	Up to 30 days to 2 years in jail (misdemeanor) or up to 5 years prison (felony)	Iowa Code § 714.2
Kansas	No	Misdemeanor; felony over $1,500	Up to 1 year in jail (misdemeanor) or 5 to 7 months prison (felony)	Kan. Stat. § 21-5801
Kentucky	Yes	Class D felony	1 to 5 years in prison (regardless of package value)	Ky. Rev. Stat. § 514.140
Louisiana	Yes	Felony	Up to 5 years in prison and up to $5,000 fine	La. Rev. Stat. § 14:67.6
Maine	No	Misdemeanor; felony over $1,000	Up to 364 days in jail (misdemeanor) or up to 5 years in prison (felony)	Me. Rev. Stat. Tit. 17-A, § 353
Maryland	No	Misdemeanor; felony over $1,500	Up to 6 months ($100 threshold) or 5 years jail (misdemeanor) or up to 5 years prison (felony)	Md. Code, Crim. Law § 7-104
Massachusetts	No	Misdemeanor; felony over $1,200	Up to 1 year in jail (misdemeanor) or up to 5 years in prison (felony)	Mass. Gen. Laws Ch. 266, § 30
Michigan	Yes	Misdemeanor (1st offense) or felony (repeat)	1st offense: up to 1 year jail; 2nd offense: up to 5 years prison	Mich. Comp. Laws § 750.356
Minnesota	Yes	Felony	Up to 3 years in prison and $5,000 fine	Minn. Stat. § 609.529
Mississippi	Yes	Felony	Up to 5 years in prison and $5,000 fine	Miss. Code § 97-49-1
Missouri	Yes	Class E felony	Up to 4 years in prison and $10,000 fine	Mo. Rev. Stat. § 570.030
Montana	No	Misdemeanor; felony over $1,500	Up to 6 months in jail (misdemeanor) or up to 3 years in prison (felony)	Mont. Code § 45-6-301
Nebraska	No	Misdemeanor; felony over $500	Up to 6 months to 1 year in jail (misdemeanor) or up to 2 years prison (felony)	Neb. Rev. Stat. § 28-518
Nevada	Yes	Category D felony	1 to 4 years in prison and fine up to $5,000	Nev. Rev. Stat. § 205.975
New Hampshire	No	Misdemeanor; felony over $1,000	Up to 1 year in jail (misdemeanor) or up to 7 years in prison (felony)	N.H. Rev. Stat. § 637:11
New Jersey	Yes	3rd-degree crime (felony equivalent)	3 to 5 years in prison and fines up to $15,000	N.J. Stat. § 2C:20-2
New Mexico	No	Misdemeanor; felony over $500	Up to 6 months to 1 year jail (misdemeanor) or up to 18 months prison (felony)	N.M. Stat. § 30-16-1
New York	No	Misdemeanor; felony over $1,000	Up to 364 days in jail (misdemeanor) or up to 4 years in prison (felony)	N.Y. Penal Law § 155.25
North Carolina	No	Misdemeanor; felony over $1,000 (pending proposed legislation)	Up to 120 days in jail (misdemeanor) or 4 to 8 months prison (felony)	N.C. Gen. Stat. § 14-72
North Dakota	No	Misdemeanor; felony over $1,000	Up to 30 days to 1 year jail (misdemeanor) or up to 5 years prison (felony)	N.D. Cent. Code § 12.1-23-05
Ohio	Yes	5th-degree felony	6 to 12 months in prison and fines up to $2,500	Ohio Rev. Code § 2913.021
Oklahoma	Yes	Misdemeanor (1st or 2nd offense) or felony (3rd in 60 days)	Up to 1 year jail and $500 fine (misdemeanor) or 2 to 5 years prison for 3+ times in 60 days (felony)	Okla. Stat. Tit. 21, § 1740.2
Oregon	Yes	Class C felony	Up to 5 years in prison and fines up to $125,000	Or. Rev. Stat. § 164.162
Pennsylvania	Yes	Misdemeanor or felony	1st offense (under $200) misdemeanor or 3rd-degree felony for 3rd offense or over $2,000 value (up to 7 years prison)	18 Pa. Cons. Stat. § 3921
Rhode Island	No	Misdemeanor; felony over $1,500	Up to 1 year in jail (misdemeanor) or up to 10 years in prison (felony)	R.I. Gen. Laws § 11-41-5
South Carolina	No	Misdemeanor; felony over $2,000 (pending proposed legislation)	Up to 30 days in jail (misdemeanor) or up to 5 years prison (felony)	S.C. Code § 16-13-30
South Dakota	No	Misdemeanor; felony over $1,000	Up to 1 year in jail (misdemeanor) or up to 2 years in prison (felony)	S.D. Codified Laws § 22-30A-17
Tennessee	Yes	Felony or misdemeanor	Under $1,000 misdemeanor or upgraded to class E felony for high frequency or high value	Tenn. Code § 39-14-103
Texas	Yes	Felony or misdemeanor	Under 10 addresses: misdemeanor (up to 1 year); 10–29 items: state jail felony (6 months to 2 years); 30+ items: 3rd-degree felony (up to 10 years)	Tex. Penal Code § 31.03(e)
Utah	Yes	3rd-degree felony	Up to 5 years in prison; fines up to $5,000	Utah Code § 76-6-1003
Vermont	No	Misdemeanor; felony over $900	Up to 1 year in jail (misdemeanor) or up to 10 years in prison (felony)	Vt. Stat. Tit. 13, § 2501
Virginia	Yes	Class 6 felony	Up to 5 years in prison and $2,500 fine	Va. Code § 18.2-110.1
Washington	No	Misdemeanor; felony over $750	Up to 364 days in jail (misdemeanor) or up to 5 years in prison (felony)	Wash. Rev. Code § 9A.56.040
Washington, D.C.	No	Misdemeanor; felony over $1,000	Up to 180 days in jail (misdemeanor) or up to 10 years in prison (felony)	D.C. Code § 22-3212
West Virginia	No	Misdemeanor; felony over $1,000	Up to 1 year in jail (misdemeanor) or 1 to 10 years in prison (felony)	W. Va. Code § 61-3-13
Wisconsin	No	Misdemeanor; felony over $2,500	Up to 9 months in jail (misdemeanor) or up to 3.5 years in prison (felony)	Wis. Stat. § 943.20
Wyoming	No	Misdemeanor; felony over $1,000	Up to 6 months in jail (misdemeanor) or up to 10 years in prison (felony)	Wyo. Stat. § 6-3-402

Find Experienced Legal Help

An attorney can help you recover compensation or negotiate a settlement for stolen or undelivered packages. If you are the victim of a porch pirate, and the carrier or seller will not reimburse you, contact an experienced consumer law attorney.