What Are the Legal Penalties for Mail Theft?

Getting charged with mail theft is serious. Under federal law, mail theft is a felony punishable by up to five years in prison. If you or a loved one has been charged with mail theft, the best step to take is to consult a local criminal defense attorney.

Read on to learn details about mail theft, how it’s prosecuted, and what penalties you can face.

What Is Mail Theft?

Mail theft is a federal offense. As the United States Postal Service (USPS) says, mail belongs to the sender or recipient until it’s delivered. Taking it at any point along the way can be a crime.

Common Examples of Mail Theft

Mail theft covers a wide range of conduct, including taking mail from a mailbox, a postal worker’s bag, a delivery truck, a collection box, or any authorized depository for mail. Mail theft also covers stealing the contents of mail and removing the wrapper or envelope.

Other common examples include:

• Taking packages from someone else’s doorstep or from a delivery truck
• Breaking into a cluster of community mailboxes
• Stealing checks, gift cards, or credit cards out of the mail
• Robbing or assaulting a mail carrier on their mail route to take their bag
• Stealing mail and then forwarding someone’s address to intercept future deliveries

When Mail Theft Becomes a Felony

Tampering with mail is a federal offense, along with the obstruction, destruction, and theft of mail and mail-related property.

In addition to federal laws, some states have additional laws governing mail theft, tampering, and related crimes. In states without specific laws governing mail theft, stealing another’s property could constitute a crime. Depending on the circumstances and the applicable state law, tampering with mail may be a misdemeanor or a felony.

State vs. Federal Charges

Mail theft is a federal crime because it involves U.S. mail, but many states have their own state statutes addressing mail theft, package theft, or other types of theft. Stealing mail can constitute a criminal offense under federal or state law, or both.

Prosecutors can consider many factors in determining which route they will take, which can include:

• The value involved in the theft
• The number of victims
• Whether the case crosses state lines
• Whether investigators became involved in the case early

Depending on the circumstances, if convicted, you could end up with jail time in a county jail or a federal prison.

Mail Theft Penalties

Federal prosecutors can bring charges, and the penalties are set by federal law. A conviction for mail theft can result in substantial fines and up to several years in prison. Specifically, mail theft can result in up to five years in prison, fines of up to $250,000, or both.

Prosecutors may also bring additional charges separate from the mail theft offense. It is common for mail theft to involve other crimes that prosecutors can add to the charge, and each charge carries its own penalties. Specific circumstances figure into the consequences.

Beyond fraud and identity theft, charges can include:

• Grand theft
• Petty theft or petit larceny
• Receiving stolen property
• Embezzlement

Depending on the case, a judge may impose a combination of fines, imprisonment, probation, or restitution.

The specific circumstances matter a great deal. Isolated incidents or small-value theft may not result in federal prosecutors filing a case. Intent also plays a key role. If a person opened someone else’s mail because it was in their mail receptacle, that is a different story from a person charged with running a mail fraud ring.

Generally, to be charged, a person must knowingly take mail that does not belong to them with the intent to deprive the rightful owner of the mail.

Larger schemes, repeat offenders, or cases intertwined with identity theft, wire fraud, a credit card fraud ring, or large volumes of personally identifiable information, such as Social Security numbers, factor into the charges and consequences. If violence was involved, that would increase the penalties as well.

Why the Government Takes Mail Theft So Seriously

The U.S. Postal Service is a federal institution, and protecting the mail is critical for basic trust in the system. When people drop a letter in a mail receptacle or letterbox, give a letter to a mail carrier, or take a package to the post office, they expect it to reach the intended recipient.

Mail often carries sensitive material, including bank statements, tax documents, Social Security information, prescriptions, and checks. The potential for harm is high, which is why the government treats mail theft as a serious crime.

Who Investigates Mail Theft?

The U.S. Postal Inspection Service, one of the oldest federal law enforcement agencies, investigates mail theft. It handles crimes involving:

• Stolen mail
• Mailbox vandalism
• Mail fraud
• Postal employee theft
• Check theft and mail-related identity theft

Facing a charge of mail fraud is serious. You should not face this alone. Reach out to an experienced attorney to understand and protect your rights.

Get Legal Help from a Criminal Defense Attorney

A mail theft charge can come with life-changing consequences, but a charge is not a conviction. The particular facts involved in your case, your intent, and the value involved in the alleged crime all matter.

If you have been charged with mail theft, consult a local criminal defense attorney who can explain your legal options and appear on your behalf in federal court.