California Penal Code Section 530.5(e) PC: Mail Theft

Mail theft is a big problem these days. Lots of folks rely on the mail to send and receive important stuff. When someone takes your mail before you get it, it can cause all kinds of hassles. California has a specific law that makes it illegal to steal mail – California Penal Code Section 530.5(e) PC.

This law makes it a misdemeanor to take someone else’s mail. A misdemeanor is a less serious crime than a felony. But it can still get you into trouble. Let’s break it down so you understand what’s legal and what’s not when it comes to other people’s mail.

What Exactly Does California Law Say About Mail Theft?

Here’s what California Penal Code Section 530.5(e) PC says:

Any person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense.

Okay, but what does Section 1708 of Title 18 of the U.S. Code say? That’s the federal law on mail theft that California refers to. Here’s the basics of what it says:

• You can’t steal or take someone else’s mail from places like a mailbox, mail receptacle, post office, or from a mail carrier.
• You can’t steal the contents of someone’s mail, like gift cards, cash, or letters.
• You can’t unlawfully have someone else’s mail or the contents of their mail if you know it was stolen.

So in a nutshell, if you take someone else’s mail or the stuff inside it without permission, you’re committing mail theft under California law.

What Are the Penalties for Mail Theft in California?

Since mail theft under PC 530.5(e) is a misdemeanor, the maximum punishment is:

• Up to 1 year in county jail
• A fine of up to $1,000

The judge can also give you probation instead of jail time. Probation means you have to follow certain rules, like completing community service, attending counseling, not contacting the victim, etc. If you mess up probation, you could end up serving time in jail.

What Are Some Defenses to Mail Theft Charges?

Let’s say you’ve been accused of mail theft but you believe there’s been a mistake. Here are some common defenses that could help you fight the charges:

• Mistaken identity – You can argue you’re being confused with someone else who actually committed the crime.
• No intent – If you accidentally took someone else’s mail without realizing it, you can argue you lacked criminal intent.
• Right to possession – If the mail was addressed to you or someone gave you permission to have it, you can fight the charges.
• Entrapment – If police coerced you into committing mail theft, that is entrapment and a valid defense.

An experienced criminal defense lawyer can help assess the evidence and figure out the best defense strategy for your unique situation.

What Are Related Crimes to Mail Theft?

There are other crimes that often go hand-in-hand with mail theft:

• Identity theft – Stealing mail to get someone’s personal information to use fraudulently.
• Credit card fraud – Stealing mail to get credit cards and use them illegally.
• Check fraud – Stealing checks from the mail and altering, forging or cashing them.
• Mail fraud – Using the mail to commit a fraudulent scheme, like a Ponzi scheme.

Prosecutors will sometimes stack additional charges like these if there’s evidence you not only stole mail but also misused the contents for financial gain.

What Happens If the Feds Get Involved?

Since mail theft involves the U.S. mail system, federal authorities could potentially get involved. If federal prosecutors file charges, the case would move to federal court instead of state court.

Federal mail theft charges typically lead to harsher punishments than under California law. For instance, you could face up to 5 years in federal prison and fines up to $250,000.

However, the feds tend to focus on large-scale mail theft operations. They usually won’t bother with minor, isolated cases of mail theft.

Tips to Avoid Mail Theft Charges

We all make mistakes. But if you want to avoid trouble with the law, keep these tips in mind:

• Never open a mailbox that isn’t yours or take mail from someone’s property without permission.
• Be careful handling mail that isn’t addressed to you, like if it was delivered to the wrong address.
• If you receive someone else’s mail by accident, don’t open it. Contact the post office.
• Never rummage through apartment complex mailrooms or community mailboxes.
• Keep your mailbox locked and inspect it regularly for signs of tampering.

Following these common sense tips will help avoid misunderstandings or false accusations of mail theft.

Get Legal Help From an Attorney

Dealing with mail theft charges is stressful. But a knowledgeable criminal defense lawyer can help. They will thoroughly analyze the evidence, proactively build your defense, and aggressively fight for your rights in court.

Don’t leave your future to chance. The stakes are too high. Get experienced legal representation right away if you’re facing charges under California Penal Code Section 530.5(e) PC.