Theft from Interstate Shipment – 18 U.S.C. § 659 Sentencing Guidelines

Thanks for visiting Federal Lawyers, a second-generation firm managed by our lead attorney with over 40 years of combined experience. Section 659 makes stealing from interstate or foreign shipments a federal crime. Cargo theft, porch piracy of Amazon packages, truck hijackings, warehouse theft of goods in transit—all fall under this statute when shipments crossed or will cross state lines. Maximum sentence: 10 years imprisonment. Congress federalized cargo theft because state law enforcement struggled with jurisdiction when stolen goods moved through multiple states and thieves operated across borders.

The statute covers theft from various forms of shipment: motor vehicles, railway cars, aircraft, vessels, pipelines. It extends to goods being held for shipment or storage as part of interstate movement. That means warehouse theft, distribution center piracy, and stealing from loading docks all qualify as Section 659 violations when goods were in transit between states.

The Interstate Commerce Element

Prosecutors must prove goods were moving or about to move in interstate commerce. A package traveling from California to New York clearly satisfies this. But what about goods sitting in a New Jersey warehouse before local delivery within the state? If those goods previously traveled from out of state to reach the warehouse, they’re still in interstate commerce for Section 659 purposes.

Courts interpret interstate commerce broadly. Goods retain their interstate character until they reach final destination and come to rest. A shipment from Texas to Pennsylvania that stops at a Maryland distribution center remains in interstate commerce when stolen from that center. The temporary stopover doesn’t terminate interstate movement for jurisdictional purposes.

This expansive interpretation means most commercial cargo theft qualifies as federal crime. Modern supply chains involve goods moving through multiple states before reaching consumers. Even goods manufactured and sold within the same state often travel through out-of-state distribution centers or use transportation companies operating interstate systems.

Porch Pirates and Federal Jurisdiction

Package theft from residential porches exploded with e-commerce growth. Someone orders goods from Amazon, UPS delivers to their front door, thieves steal packages before owners retrieve them. Is this federal crime under Section 659?

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Technically yes if packages traveled interstate. An iPhone shipped from California to a New York address crossed state lines, making theft from the porch a Section 659 violation. But federal prosecutors rarely charge porch pirates—resources are limited, amounts are usually small, and state larceny laws adequately address the conduct.

Legal Scenario: What Would You Do?

Scenario

You work as a dock supervisor at a shipping warehouse and discovered that several high-value electronics packages bound for out-of-state retailers went missing during your shift. Federal investigators have now contacted you, saying surveillance footage shows you loading those packages into your personal vehicle.

What kind of sentence am I facing for stealing goods from an interstate shipment?

Attorney's Answer

Under 18 U.S.C. § 659, theft from an interstate shipment carries a maximum sentence of 10 years in federal prison if the value of the stolen goods exceeds $1,000, or up to 1 year if the value is $1,000 or less. The Federal Sentencing Guidelines will calculate your offense level based on the total value of the goods taken, with enhancements possible if you abused a position of trust as a warehouse supervisor under U.S.S.G. § 3B1.3. Restitution to the shipping company and affected retailers will almost certainly be ordered in addition to any prison term. An experienced federal defense attorney can negotiate with prosecutors on the valuation of the goods and argue against sentencing enhancements to minimize your exposure.

This is general information only. Contact us for advice specific to your situation.

Federal prosecution happens when porch piracy becomes organized criminal enterprise. Defendants who steal hundreds of packages, operate theft rings, or fence stolen goods on large scales attract FBI and Postal Inspector attention. Single-package theft stays in state court; systematic operations end up federal.

Cargo Theft Sentencing