Possession of Stolen Mail | 18 U.S. Code § 1708

Possession of Stolen Mail - 18 U.S.C. § 1708

The U.S. postal system receives millions of letters and packages daily, and strict laws safeguard its integrity.

Under 18 U.S. Code 1708, not only is it a serious federal offense to steal mail once it enters the postal system (including mailboxes), but it's also a federal crime to be in possession of mail that has been stolen. If you are facing such charges, you could face up to 5 years in federal prison if convicted.

Title 18 U.S.C. 1708 makes it a federal crime to steal, take, buy, receive, or conceal stolen mail.

Simply put, this statute makes it a federal crime to steal, take, or abstract mail or obtain mail through fraud or deception. It also covers buying, receiving, or concealing stolen mail, or possessing stolen mail knowing it to be stolen.

18 U.S.C. 1708, Theft or receipt of stolen mail matter generally says, "Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letterbox, mail receptacle, or any mail route or other authorized depository for mail 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, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or

Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or

Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted, Shall be fined under this title or imprisoned not more than five years, or both."

What Does the Law Say?

18 U.S.C. 1708 prohibits individuals from unlawfully taking, stealing, or obtaining mail from authorized depositories, such as mailboxes, postal trucks, or post offices.

However, the statute extends beyond stealing; it also criminalizes possessing, receiving, concealing, or disposing of mail that has been stolen, embezzled, or obtained through fraud. Specifically, the law applies to individuals who:

Steal, take, or obtain mail from any authorized depository (such as a mailbox or post office) or a mail carrier.
Possess, conceal, or attempt to sell stolen mail or any of its contents, knowing it was unlawfully taken.
Acquire mail through fraud, deception, or other unauthorized means.

The statute covers all forms of mail, including letters, packages, postal cards, and any articles contained within. Simply possessing mail that has been stolen can lead to criminal charges if it is proven you knew or should have known the mail was unlawfully obtained.

Some examples include stealing mail from a mailbox, post office, or other depository; stealing mail or packages from a post office, mail vehicle, or mail carrier; securing someone's mail through fraud or deception; opening or destroying someone's stolen mail, or hiding stolen mail or packages.

Related law, 18 U.S.C. 1707, addresses theft of property used by the Postal Service. In California, mail theft (Penal Code 530.5(e) PC) is also a crime under state law, with penalties varying based on the value of the stolen mail.

Elements of the Crime

To convict you under 18 U.S.C. 1708, federal prosecutors must establish the following elements of the crime beyond a reasonable doubt, including the following:

The mail was stolen or obtained unlawfully. The prosecution must prove that the mail was unlawfully taken from a postal facility, mailbox, mail carrier, or any other legal depository.
You had possession of the stolen mail. The government must show that you had actual possession (i.e., on your person) or constructive possession (i.e., the mail was under your control, even if you didn't physically have it) of the mail.
You knew or had reason to know the mail was stolen. Simply possessing stolen mail is not enough; you must have known, or should have reasonably suspected, that the mail was unlawfully obtained.
Intent to keep, conceal, or dispose of the mail. The prosecution must prove that you knowingly retained, hid, or tried to get rid of the stolen mail.

Penalties for Stolen Mail Possession

The consequences of a conviction for possession of stolen mail can be severe. If you're convicted of stealing mail or being in possession of stolen mail under 18 U.S.C. 1708, you could face the following:

Fines of up to $250,000 and/or
Up to five years in federal prison.

It's essential to note that possession of stolen mail is considered a federal felony, which can result in significant long-term consequences. A felony conviction may impact your ability to secure employment, housing, or professional licenses in the future.

These potential long-term consequences highlight the importance of understanding and respecting postal laws. It's crucial to be aware of the legal implications of your actions and to act in accordance with the law.

What are Related Federal Laws?

18 U.S. Code Chapter 83, Postal Service, has numerous related federal laws, including the following:

18 U.S.C. 1691 - Laws governing postal savings.
18 U.S.C. 1692 - Foreign mail as United States mail.
18 U.S.C. 1693 - Carriage of mail generally.
18 U.S.C. 1694 - Carriage of matter out of mail over post routes.
18 U.S.C. 1695 - Carriage of matter out of mail on vessels.
18 U.S.C. 1696 - Private express for letters and packets.
18 U.S.C. 1697 - Transportation of persons acting as private express.
18 U.S.C. 1698 - Prompt delivery of mail from vessel.
18 U.S.C. 1699 - Certification of delivery from vessel.
18 U.S.C. 1700 - Desertion of mails.
18 U.S.C. 1701 - Obstruction of mail generally.
18 U.S.C. 1702 - Obstruction of correspondence.
18 U.S.C. 1703 - Delay or destruction of mail or newspapers.
18 U.S.C. 1704 - Keys or locks stolen or reproduced.
18 U.S.C. 1705 - Destruction of letterboxes or mail.
18 U.S.C. 1706 - Injury to mailbags.
18 U.S.C. 1707 - Theft of property used by the Postal Service.
18 U.S.C. 1708 - Theft or receipt of stolen mail matter generally.
18 U.S.C. 1709 - Theft of mail matter by officer or employee.
18 U.S.C. 1710 - Theft of newspapers.
18 U.S.C. 1711 - Misappropriation of postal funds.
18 U.S.C. 1712 - Falsification of postal returns to increase compensation.
18 U.S.C. 1713 - Issuance of money orders without payment.
18 U.S.C. 1715 - Firearms as nonmailable; regulations.
18 U.S.C. 1716 - Injurious articles as nonmailable.
18 U.S.C. 1716A - Nonmailable locksmithing devices and motor vehicle master keys.
18 U.S.C. 1716B - Nonmailable plants.
18 U.S.C. 1716C - Forged agricultural certifications.
18 U.S.C. 1716D - Nonmailable injurious animals, plant pests, plants, and illegally taken fish, wildlife, and plants.
18 U.S.C. 1716E - Tobacco products as nonmailable.
18 U.S.C. 1717 - Letters and writings as nonmailable.
18 U.S.C. 1719 - Franking privilege.
18 U.S.C. 1720 - Canceled stamps and envelopes.
18 U.S.C. 1721 - Sale or pledge of stamps.
18 U.S.C. 1722 - False evidence to secure second-class rate.
18 U.S.C. 1723 - Avoidance of postage by using lower-class matter.
18 U.S.C. 1724 - Postage on mail delivered by foreign vessels.
18 U.S.C. 1725 - Postage unpaid on deposited mail matter.
18 U.S.C. 1726 - Postage collected unlawfully.
18 U.S.C. 1728 - Weight of mail increased fraudulently.
18 U.S.C. 1729 - Post office conducted without authority.
18 U.S.C. 1730 - Uniforms of carriers.
18 U.S.C. 1731 - Vehicles falsely labeled as carriers.
18 U.S.C. 1732 - Approval of bond or sureties by postmaster.
18 U.S.C. 1733 - Mailing periodical publications without prepayment of postage.
18 U.S.C. 1734 - Editorials and other matters as "advertisements."
18 U.S.C. 1735 - Sexually oriented advertisements.
18 U.S.C. 1736 - Restrictive use of information.
18 U.S.C. 1737 - Manufacturer of sexually related mail matter.

What are the Common Defenses?

If you're accused of possessing stolen mail, a skilled federal criminal defense attorney may employ several legal defenses to avoid a conviction or reduce the penalties. Some common defenses include:

Lack of Knowledge: Since knowledge is a key element of the crime, proving you were unaware that the mail in your possession was stolen can serve as a valid defense. For instance, if someone gave you a package and you had no way of knowing it was unlawfully obtained, this lack of knowledge could undermine the prosecution's case.
Mistaken Identity: Cases involving stolen mail often hinge on identifying the person who possessed or took the mail. If you were mistakenly linked to the crime due to circumstantial evidence or misidentification, your attorney could argue that you were not the person responsible.
Lack of Possession: If the mail was found in a shared space or under someone else's control, your attorney may argue that you did not have actual or constructive possession of the stolen mail.
Illegal Search and Seizure: If law enforcement violated your constitutional rights during the investigation, for example, through unlawful search and seizure under the Fourth Amendment, evidence obtained as a result of that violation may be suppressed. Without key evidence, the prosecution's case may collapse.
Duress or Coercion: If you were forced or threatened into possessing the stolen mail by someone else, your attorney could argue that this behavior occurred under duress, which may mitigate your liability.

For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, California.

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