Understanding Differences in State and Federal Mail Theft Crimes

Understanding Differences in State and Federal Mail Theft Crimes

Mail theft can be prosecuted at both the state and federal level, depending on the circumstances of the crime. There are some key differences between state and federal mail theft laws that are important to understand.

What is Mail Theft?

Mail theft refers to the stealing of any item that is sent through the United States Postal Service (USPS) or other mail carrier services. This includes letters, postal cards, packages, boxes, bags, or anything else sent through the mail system[1].

Some common examples of mail theft include[2]:

• Stealing mail directly from a mailbox
• Stealing mail from apartment or neighborhood collection boxes
• Stealing mail from a postal worker’s truck or bag
• Intercepting mail before it is delivered to the intended recipient

Mail theft can also involve tampering with or destroying mail that does not belong to you[5].

Federal Mail Theft Laws

At the federal level, mail theft and tampering are governed by Title 18, Chapter 83 of the United States Code. There are several key laws that apply[3]:

• 18 U.S.C. § 1708 – This law makes it illegal to steal, take, or abstract any letter, postal card, package, bag or mail from an authorized depository for mail matter. It also prohibits stealing mail that has been left for collection or failing to deliver mail entrusted to you. Violations are punishable by fines and up to 5 years in federal prison.
• 18 U.S.C. § 1709 – This statute prohibits the theft of mail by officers or employees of the USPS. Violations are punishable by fines and up to 5 years in prison.
• 18 U.S.C. § 1702 – This law prohibits obstructing correspondence by taking letters intended to be conveyed by mail out of any post office. It also makes it illegal to secrete, embezzle or destroy mail not addressed to the offender. Violations are punishable by fines and up to 5 years in prison.

There are enhanced penalties if the stolen mail is used to further other criminal activity, such as identity theft or mail fraud[4].

State Mail Theft Laws

Most states also have their own laws prohibiting mail theft and tampering. These may be found in state criminal codes or statutes covering larceny or theft crimes[5].

For example, in California mail theft can be prosecuted under California Penal Code § 530.5 for identity theft and California Penal Code § 484 for theft. Many other states have similar laws.

State mail theft laws tend to carry lighter punishments than federal statutes. In California, mail theft is a misdemeanor punishable by up to 1 year in county jail. Other states classify it as a felony with possible state prison time[6].

Key Differences in State vs. Federal Prosecution

There are some important differences to understand between state and federal prosecution of mail theft[4]:

• Federal mail theft laws generally carry lengthier prison sentences than state laws.
• Federal laws cover theft from any authorized mail depository, while state laws may only apply to theft from a mailbox.
• Federal prosecutors can aggregate the value of stolen mail or charge separate counts, leading to higher offense levels.
• Federal charges allow the case to be heard in federal court rather than state court.
• Mail theft connected to broader criminal schemes like fraud or identity theft may get federal attention.

Prosecutors tend to consider factors like[4]:

• The scope of the mail theft
• Whether it is an isolated incident or an ongoing scheme
• If the stolen mail furthers other crimes
• The monetary loss involved
• Whether the theft impacts the public’s trust in the mail system

Cases meeting these criteria are more likely to be charged federally. However, either federal or state charges may apply depending on the circumstances.

Defenses Against Mail Theft Charges

There are several possible defenses if you are accused of mail theft[2]:

• Lack of criminal intent – If you took mail you believed was misdelivered or abandoned, you may argue you lacked intent to steal.
• Mistaken identity – If you can show you were mistakenly identified and did not actually commit the crime.
• Duress – If you were coerced into stealing mail by threats of harm.
• Consent – If the mailbox owner gave you permission to take their mail.

An experienced criminal defense attorney can evaluate the evidence against you and build an effective defense to the charges.

Penalties for Mail Theft

As outlined above, penalties for mail theft depend on whether you are charged under federal or state law. Generally:

• Federal charges carry fines up to $250,000 and prison sentences between 0-5 years.
• State charges often carry fines up to $10,000 and jail terms less than one year.

Sentences can be higher if the theft furthered other crimes like fraud or identity theft. Fines and restitution may also be ordered.

Reporting Mail Theft to Authorities

If you are a victim of mail theft, report it immediately to:

• Your local police department
• U.S. Postal Inspection Service
• U.S. Post Office

Provide as much information as possible, including:

• Date and time of theft
• Location of mailbox/collection box
• Description of stolen mail
• Any suspect information

Also contact companies or agencies related to stolen checks, credit cards or other sensitive materials. Monitor your accounts for fraudulent activity.

With prompt reporting, authorities may be able to identify suspects and potentially recover stolen mail.

Preventing Mail Theft

You can take some steps to prevent becoming a victim of mail theft:

• Use a residential mailbox with a lock
• Retrieve mail promptly after delivery
• Deposit outgoing mail inside a post office
• Consider a PO box for sensitive mail
• Tell companies to remove your name from marketing lists
• Shred documents with personal information
• Sign up for informed delivery to monitor expected mail

Being vigilant about mail security can deter potential thieves.

Conclusion

Mail theft is a serious concern that can be prosecuted at both the state and federal level. While federal charges come with stiffer penalties, state laws also provide punishment options. An experienced criminal defense lawyer can advise you of your rights, defenses, and strategic options if you are facing mail theft allegations.