Is Mail Theft a Federal Crime? What You Need to Know
Mail theft might seem like a minor crime to some, but in reality, it is a serious offense with far-reaching consequences. In today’s world, where sensitive personal information and valuable goods are often sent through the mail, stealing someone’s mail can lead to significant financial loss, identity theft, and other serious crimes.
Table of Contents
Understanding Mail Theft as a Federal Crime
In the United States, the U.S. Postal Service (USPS) is a federal agency, and the mail it handles is protected under federal law. This means that any crime involving the theft, destruction, or tampering of mail falls under the jurisdiction of federal law enforcement authorities. Specifically, mail theft is governed by 18 U.S. Code § 1708, which criminalizes the theft or unlawful possession of any mail matter sent through the U.S. Postal Service.
According to 18 U.S.C. § 1708, it is illegal to:
- Steal, take, or abstract any mail, including letters, packages, and postcards.
- Remove or destroy any mail left in a mailbox or post office.
- Receive or possess stolen mail, knowing that it was unlawfully taken.
- Break into a mailbox, postal bag, or mail truck with the intent to steal mail.
Because USPS is a federal agency, crimes involving mail theft fall under the federal court system, meaning they are prosecuted by federal authorities rather than state or local law enforcement.
The Role of 18 U.S.C. § 1708 in Mail Theft Cases
18 U.S.C. § 1708 is the key statute governing mail theft. Under this law, individuals who steal, tamper with, or unlawfully possess mail can face significant penalties. The law is comprehensive in its coverage, applying not only to the direct theft of mail but also to the possession of stolen mail, the destruction of mail, and tampering with postal equipment such as mailboxes and postal bags.
One important aspect of 18 U.S.C. § 1708 is its broad application. You don’t need to physically steal a letter from someone’s hand to be charged with mail theft. Even taking mail from a mailbox or opening a letter that was mistakenly delivered to you could potentially lead to criminal charges if you intend to keep it or use its contents fraudulently.
Additionally, this crime applies not just to traditional forms of mail like letters and packages, but also to digital data that is stored or transmitted via postal services, making it relevant in cases of identity theft or credit card fraud when such information is sent through the mail.
Penalties for Mail Theft
Because mail theft is a federal crime, the penalties for conviction are severe. The exact punishment will depend on the circumstances of the crime and the defendant’s criminal history, but the general penalties include:
- Fines: Individuals convicted of mail theft under federal law may face hefty fines, which can vary depending on the severity of the crime. These fines can range into the thousands of dollars, especially if the theft resulted in financial loss to the victim.
- Prison Time: A conviction for mail theft under 18 U.S.C. § 1708 can result in a sentence of up to five years in federal prison. In cases involving aggravated circumstances, such as identity theft or a large-scale mail theft operation, the prison sentence could be even longer.
- Restitution: Defendants convicted of mail theft may also be ordered to pay restitution to the victims of the crime, compensating them for any financial losses resulting from the theft. This could include reimbursing victims for stolen funds, identity recovery costs, or losses related to stolen goods.
In addition to federal penalties, defendants may also face charges under state law, depending on the circumstances of the theft. Some states have their laws that address mail theft and impose additional penalties.
Why Mail Theft is Treated So Seriously
Mail theft is treated as a serious crime because it often leads to much larger offenses, such as identity theft, financial fraud, and even organized criminal activity. Here are a few reasons why mail theft is taken so seriously by federal authorities:
- Identity Theft: Many people receive sensitive information through the mail, including bank statements, credit card bills, tax documents, and personal identification. Stealing someone’s mail can give the thief access to this personal information, which can be used to commit identity theft, open fraudulent accounts, or steal money from the victim.
- Financial Fraud: Mail theft is often the first step in larger schemes of financial fraud. Thieves may steal checks, credit cards, or banking information from the mail and then use these items to make unauthorized purchases or withdrawals.
- Privacy Concerns: People have a right to privacy when it comes to their personal communications and deliveries. Mail theft is an invasion of that privacy, and the federal government seeks to protect the integrity of the postal system.
- National Security: The USPS plays a critical role in national security by transporting sensitive government communications and official documents. Mail theft can disrupt the operations of both individuals and government entities, creating security risks and potential breaches of classified information.
Common Types of Mail Theft
Mail theft can take many forms, and some of the most common examples include:
- Stealing from a Mailbox: Thieves may target residential mailboxes, especially those in rural areas or apartment complexes where access is less secure. They may take bills, checks, or packages directly from the mailbox.
- Mail Tampering: This involves opening, altering, or destroying mail without permission. For example, someone may tamper with mail to intercept sensitive information or change the contents of a letter.
- Porch Piracy: With the rise of online shopping, porch piracy has become increasingly common. This occurs when thieves steal packages left on a homeowner’s porch or doorstep by delivery services.
- Mail Fraud: In addition to physical mail theft, mail fraud involves using the postal system to deceive or defraud individuals or businesses. This could involve sending fake invoices, fraudulent offers, or phishing schemes via mail.
Defenses Against Mail Theft Charges
If you are facing mail theft charges, it’s crucial to understand that federal prosecutors must prove certain elements beyond a reasonable doubt. A few possible defenses to mail theft charges include:
- Lack of Intent: To convict someone of mail theft under 18 U.S.C. § 1708, the prosecution must prove that the defendant intentionally stole or tampered with the mail. If the defendant did not realize they had stolen mail or did not intend to steal it, this could be a viable defense.
- Mistaken Identity: In some cases, the defendant may have been falsely accused or misidentified as the perpetrator of the crime. For example, someone may have picked up mail by accident or been wrongly identified in a surveillance video.
- Unlawful Search or Seizure: If law enforcement obtained evidence of the mail theft through an illegal search or seizure, it may be possible to have that evidence excluded from the case. This could weaken the prosecution’s case and potentially lead to the charges being dropped.
- Duress or Coercion: In rare cases, a defendant may be able to argue that they were forced or coerced into committing the crime under threat of harm from someone else.
Contact an Experienced Orange County Federal Crimes Attorney
Mail theft is a federal crime that carries significant penalties, including fines, imprisonment, and restitution. While some may see it as a minor offense, mail theft can lead to much larger issues, such as identity theft and financial fraud, which are treated very seriously under the law. If you or someone you know is facing charges of mail theft, it’s paramount to seek representation from an experienced Orange County federal crimes attorney. Contact the Law Offices of John D. Rogers today to schedule a consultation.
