Penal Code 530.5(e) PC - Mail Theft in California
The daily mail that people receive often contains private information, such as names, account numbers, financial information, and other personal identification information. This makes individuals vulnerable to identity theft or other fraud-related offenses, underscoring the importance of understanding mail theft laws.
Mail theft is a serious misdemeanor crime defined under California Penal Code Section 530.5(e) PC. If convicted, it carries jail time and a fine, highlighting the gravity of the consequences.
It's important to remember that letters and packages traveling through the United States mail and other carriers are protected by law. This legal protection should provide a sense of security to individuals about the sanctity of their mail.
Penal Code 530.5(e) PC says, “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.”
A related law, Penal Code 530.5 PC identity theft, says, “(a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be….”
A prosecutor must prove beyond a reasonable doubt several elements of the crime to obtain a conviction, such as showing you willfully tore down, destroyed, or broke into any letter box intended to deliver mail or willfully defaced any mail deposited inside. Let's review this law further below.
Mail Theft – Explained
As noted, Penal Code 530.5(e) PC makes it a crime to steal any letters, parcels, postcards, and packages sent through the postal service. Mail theft includes the following:
- Stealing someone's mail from a mailbox or other depository, which includes stealing packages from someone's front porch or doorstep;
- Stealing mail or packages from a post office, mail vehicle, or mail carrier;
- Securing someone's mail through fraud or deception from any of the above;
- Opening or destroying somebody's stolen mail or removing the contents;
- Hiding stolen mail or packages;
- Receive, buy, or possess mail knowing it's stolen.
What Are the Related Laws?
Several California laws are related to Penal Code 530.5(e) PC. Sometimes, they are charged along with, or instead of, mail theft and include the following:
- Penal Code 530.5(a) PC - Identity theft is a common reason mail is stolen. This law is defined as stealing someone's personal identifying information and using it fraudulently, and often charged along with mail theft.
- Penal Code 484e PC - Credit card fraud law makes stealing someone's credit or debit card or someone's information a crime.
- Penal Code 487 PC - Grand theft could be charged when the value of the stolen mail exceeds $950.
- Penal Code 488 PC - Petty theft could be charged when the value of the stolen mail is less than $950.
- Penal Code 496 PC - Receiving stolen property is defined as buying, receiving, concealing, or selling property you know is stolen.
Violating PC 530.5(e) is a misdemeanor that carries up to one year in county jail and a fine of up to $1000. However, judges will often impose summary probation, which means you can serve your sentence outside of jail under certain conditions. This is a common outcome for first-time offenders or those with minor charges.
Can Mail Theft Be Charged as a Federal Crime?
Possibly. Since mail theft often involves the United States Postal Service, which the government operates, it could potentially be charged as a federal offense under Title 18, U.S. Code 1708. Therefore, California's mail theft statute refers directly to this federal law for its definition of mail theft.
Notably, the federal government normally allows state prosecution of mail theft cases.
If the government chooses to prosecute mail theft, it would normally involve a large-scale illegal operation that crosses state lines or international borders, such as a sophisticated identity theft ring or a scheme to intercept and steal large volumes of mail.
For instance, a case where a group of individuals systematically stole mail from multiple states or a case involving a significant amount of stolen mail could trigger federal prosecution.
18 U.S. Code 1708 - Theft or receipt of stolen mail matter generally law 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, Shall be fined under this title or imprisoned not more than five years, or both.”
What Are the PC 530.5(e) Defenses?
If you find yourself charged with mail theft, there are potential defenses that can be used to argue your case. This should provide a sense of hope and reassurance to individuals facing such charges.
We can argue that the mail was taken accidentally or delivered to the wrong address by mistake.
We can argue that you opened someone else's mail, believing it belonged to you. Perhaps you didn't pay close attention to the name and address on the letter.
Perhaps we could argue that you didn't intend to steal the mail or package. Maybe you removed it from someone's porch to keep it safe from bad weather. Perhaps you intended to give the unopened letter or package to the owner later.
Maybe we can argue police misconduct, such as an Illegal search and seizure. Maybe the police lacked probable cause or a warrant, violating your constitutional rights.
Perhaps we can negotiate with the prosecutor before filing to avoid criminal charges, or we can negotiate a favorable plea deal if guilt is not in doubt. Contact us for a free case evaluation. Cron, Israels & Stark has offices in Los Angeles, CA.
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