Last Updated on January 27, 2025
Mail theft is best known as a federal crime, and under USC Section 1702 of Title 18, if you open someone else’s mail, it is a felony punishable by up to 5 years in prison. This section of the law applies whether a letter or package is sent via UPS, USPS, FedEx, Amazon, or any other private carrier. While federal mail law is well known though, the federal government leaves most of these cases up to the states to prosecute unless they involve a large-scale operation. In other words, most people who steal letters or packages in California will be charged in California.
California Mail Theft Law
California Penal Code 530.5(e) (PC) states, “every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense.” USC Section 1708 of Title 18 specifically outlaws theft “from or out of any mail, post office, or station thereof, letterbox, mail receptacle, or any mail route or another authorized depository formal matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail.”
Interestingly, because the state penal code quotes Section 1708 of Title 18 rather than Section 1702 Title 18, this federal law only applies to mail sent via USPS, not private carriers such as Amazon, FedEx, or UPS. In other words, this omission from 530.5(e) (PC) means that those “porch pirates” who steal packages that haven’t been handled by USPS can only be charged with petty or grand theft in California, but not with mail theft.
What is the Punishment for Mail Theft?
Those charged under the state’s mail theft statute will only face misdemeanor charges, punishable by no more than one year in jail. However, this offense is also usually charged alongside theft charges. When the aggregate value of the stolen items is under $950, the charges will be filed as petty theft, which is usually a misdemeanor punishable by six months in jail. However, if the individual already has two theft convictions on their record, they can face felony charges, punishable by up to three years in prison.
If the total value of the items someone is accused of stealing out of the mail is worth over $950, prosecutors can file grand theft charges, which may be a felony, punishable by up to three years in prison, or a misdemeanor, punishable by up to one year in jail.
Beyond that, many offenders will also face identity theft charges, which carry the same penalty as grand theft. Offenders could also be charged with fraud or forgery, which could add years more to the possible sentence. Choosing the right attorney to represent you in these cases is critical, considering the potential charges and lengthy sentences.
Fighting the Charges
When it comes to mail or package theft, there are multiple ways to fight the charges, most of which can be used against both state and federal charges. The most common defense is simply a lack of intent. As an example, if the post office accidentally sends you your neighbor’s mail and you open it without realizing it wasn’t addressed to you, you are not guilty of a crime.
Consent is also a strong defense, which is why it is legal for assistants to open mail for their bosses. If you had someone’s permission to open their mail, tell your attorney. However, while you may not be guilty of taking your neighbor’s mail if you opened it under one of these circumstances, if you kept a letter, check, package, or other type of mail after you became aware that it belonged to someone else, then you are still guilty of mail theft at that point.
It is easy to accidentally say something that could harm your defense later on, so always work with a top San Diego defense attorney if you have been accused of mail theft.
Real-Life Examples
Two notable examples of mail theft took place near Vista, California in the last few years. In the first case, a woman was stopped just outside of Fallbrook when an officer noticed her registration was expired. After pulling the driver’s records, he discovered she had warrants out for her arrest in Orange and Riverside Counties. The officer then discovered an even greater crime: stolen mail from all over San Diego, including Carlsbad, Fallbrook, Escondido, San Marcos, and Ramona. She also had hundreds of unused gift cards with a ledger to track the pin numbers and access codes. She was charged with identity theft, conspiracy, committing a crime while on bail, and possession of burglary tools.
While most cases of mail theft involve taking mail from someone else’s mailbox, one particularly audacious case involved five people wearing ski masks taking mail from the loading dock of two Oceanside and Encinitas post offices. While no one was ever arrested for these brazen thefts, they illustrate that mail can be stolen even before it leaves the post office.
Frequently Asked Questions
Is Opening Someone Else’s Mail a Felony?
It depends on whether the charges are filed federally or in California. Federal charges are a felony, punishable by 5 years in prison, while state charges are only misdemeanors, punishable by no more than one year in jail. However, you could still face felony-level charges for identity theft, grand theft, forgery, or similar offenses.
Is it a Crime to Open Someone’s Mail by Mistake?
No. Intent is a critical part of mail theft charges, so opening mail on accident is not a crime. If you keep what you find inside, however, you have broken the law.
What Should I do With Wrongly Addressed Mail?
Many people worry about doing the wrong thing when they receive mail intended for someone else. The best thing to do is to write “not at this address” on the envelope and place it back in the mailbox. If you opened it before realizing the mistake, you can put it back in the original envelope, tape it, write “not at this address” on the envelope, and resend it, or you can put it in a new envelope with the original sender’s address and new postage. Throwing the mail away is considered “tampering” with it, and a crime under federal and state law.
What’s the Penalty for Smashing Mailboxes?
Mailboxes are considered federal property, and smashing them is a crime under USC Title 18 Section 1705. The federal penalty for this offense is up to three years in prison. However, most people will instead be charged with vandalism under their state’s laws. In California, vandalism is punishable by up to three years imprisonment if charged as a felony or one year in jail if charged as a misdemeanor.
If you have been accused of California Penal Code 530.5(e) (PC) and are facing mail or package theft in San Diego, skilled defense lawyer Peter M. Liss can help. He has over 40 years of experience fighting all types of theft charges and offers top-quality representation at affordable rates. Please call (760) 643-4050 to schedule a free initial consultation.
