“Mail Theft” Charges in California – Penal Code § 530.5(e) PC

In California, stealing someone else’s mail is prohibited by Penal Code § 530.5(e) PC. This section makes mail theft a misdemeanor offense, which can result in a maximum sentence of one year in jail and a fine of up to $1000.00 upon conviction.

This language of the code section states that:

“Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section.”

Examples

• stealing pieces of mail from a post office.
• using fraud or deceit to get someone else’s mail.
• stealing mail from a neighbor’s mailbox and destroying it.

Defenses

A few common defenses to mail theft include showing that:

• you took someone’s mail on accident,
• you did not act with criminal intent, and/or
• police officers violated one of your constitutional rights.

Penalties

A violation of California Penal Code Section 530.5(e) is a misdemeanor offense (as opposed to an infraction or a felony).

The crime is punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $1,000.

Our California criminal defense attorneys will explain the following in this article:

• 1. How does California law define the crime of mail theft?
• 2. How do I fight a “mail theft” charge?
• 3. What are the penalties for Penal Code 530.5(e)?
• 4. Are there related offenses?

1. How does California law define “mail theft”?

The language of Penal Code 530.5(e) states that the definition of mail theft is set forth in Section 1708 of Title 18 of the United States Code.

According to that law, you commit the crime of stealing mail when you:

1. steal or take any mail from a mailbox or receptacle or other authorized depository for mail, or from a post office or letter/mail carrier,
2. use fraud or deception to obtain or attempt to obtain any mail from one of these sources,
3. remove the contents of any stolen mail,
4. destroy or hide any stolen mail, or
5. buy, receive, or unlawfully possess any stolen mail, knowing that it is stolen.¹

Note that “mail” includes

• letters,
• postcards,
• packages, and
• mailbags belonging to a postal inspector or the United States Postal Service (USPS).²

Note, too, that mail theft is associated much more closely with identity theft, per Penal Code 530.5a. Because many people steal others’ mail in order to obtain personal identifying information, identity theft and mail theft are often charged together.³

2. How do I fight a “mail theft” charge?

Criminal defense lawyers draw upon several legal strategies to help clients defend against charges of possession of stolen mail. Three common ones include lawyers showing that:

1. you took someone else’s mail by accident.
2. you did not act with criminal intent.
3. law enforcement violated one of your constitutional rights.

2.1. You took someone else’s mail by accident

You are not guilty under this statute if they somehow took another person’s mail by accident. Therefore, it is always a valid legal defense to show that you inadvertently took another’s mail.

2.2. You had no criminal intent

This is similar to an accident defense. You can challenge a PC 530.5(e) charge by showing that you did not act with criminal or bad intentions. Perhaps, for example, you opened a neighbor’s mail because such person asked for it.

2.3. The police violated your rights

You can always try to challenge a mail theft charge by showing that police violated one of your constitutional rights.

For example, maybe an officer:

• conducted an unlawful search or seizure,
• stopped or arrested you without probable cause,
• coerced a confession, or
• failed to read you your Miranda rights.

If any of the above applies, then a judge could reduce or drop your charges.

3. What are the penalties for Penal Code 530.5(e)?

A violation of this criminal law is a misdemeanor offense.

The crime is punishable by:

• imprisonment in county jail (as opposed to state prison) for up to one year, and/or
• a maximum fine of $1,000.⁴

Note that a judge has the discretion to award you misdemeanor (or summary) probation in lieu of jail time.

4. Are there related offenses?

There are three crimes related to mail theft. These are:

1. petty theft – PC 488,
2. grand theft – PC 487, and
3. receiving stolen property – PC 496.

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