Is it a Crime to Open or Take Someone’s Mail?
Most people will tell you stealing mail is a “federal offense”. Well, the experienced Baltimore criminal defense lawyer Attorney Eric T. Kirk will tell you it is a state crime as well.
Why Tampering with U.S. Mail Is a Federal Crime
Federal Statutory Authority: Under federal law:
‘Whoever steals or by deception obtains, any mail, from any post office, or station thereof, letter box, mail receptacle, or or from a letter or mail carrier, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein’, has committed a felony.
This statute covers a broad range of conduct, including unlawfully opening someone else’s mail, removing contents, or even destroying it before it reaches its destination. Convictions under this law can result in significant penalties, including fines and imprisonment for up to five years for each offense.
Source: 18 USC section 1708.
Tampering with U.S. mail is a serious federal offense because it strikes at the core of a secure and functioning national postal system—an institution the government has long recognized as essential to commerce, communication, and legal process. The United States Postal Service (USPS) is not just a mail delivery service; it is a federally established and protected agency. Interference with its operations is more than a private nuisance—it’s a violation of public trust.
Government’s Interest in Mail Integrity
The federal government considers mail tampering to be a criminal offense for several compelling reasons. First, the mail is a channel of interstate commerce. Disruptions can have far-reaching economic effects and threaten the integrity of legal and financial transactions. Second, mail is commonly used to transmit confidential and sensitive information—such as tax documents, legal notices, Social Security checks, and health records. Tampering with mail compromises individuals’ privacy and can lead to identity theft, fraud, or financial loss.
National Scope and Jurisdiction
The mail system crosses state boundaries, making it inherently federal in nature. Because USPS operates under federal authority, crimes against it fall within federal jurisdiction. This ensures uniformity in enforcement and prosecution, as state-level responses would be inconsistent and inadequate for addressing nationwide operations.
Examples of Mail Tampering
Mail tampering may includes acts like:
- Stealing packages from porches or mailboxes
- Opening a neighbor’s letter out of curiosity
- Removing or altering address labels to reroute mail
- Deliberately destroying mail
- Falsely representing oneself as a postal employee to access mail
Each of these actions, even if committed with seemingly minor intent, is treated seriously because they erode the reliability of a trusted institution.
Deterrence and Protection
Criminalizing mail tampering serves as a deterrent. It signals that any interference with the mail will be met with swift and serious consequences. This legal protection reinforces public confidence in the mail system, ensuring that Americans can safely send and receive essential correspondence.
Is there a separate mail tampering crime in Baltimore?
In contrast, the state crime is opening mail that is not addressed to you. An aggressive criminal defense lawyer in Baltimore may well be able to keep his or her client charged with the state crime from doing serious time. Whereas the federal penalty can be up to five years, the state penalty is a maximum of 6 days.
I’ve made a career of battling the State, to ensure a fair outcome for those I represent. I’d be happy to take a complimentary look at your case and offer my opinions and advice. Feel free to contact me today to schedule a discussion.
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
