What Is The Federal Law For Opening Mail Not Addressed To You? - Encyclopedia.com (2024)
Did you know that there is a federal law that states that it is illegal to open mail that is not addressed to you?
What Happens If You Accidentally Open Someone Else’s Mail?
The USPS mail delivery driver who delivers your mail has the job of sorting each letter and parcel so that it ends up in the mailbox of the person that it’s addressed to. Unfortunately, a mistake may occur and you might end up with a letter that is addressed to your neighbor. If it’s combined with a few other letters that are addressed to you, you may accidentally open it, thinking that it was yours.
The federal statute 18 USC Section 1702 states that it is illegal for individuals to open correspondence that is addressed to other individuals. However, if you accidentally open someone else’s mail, you have not committed a crime. The law was created to punish individuals who knowingly open mail that is addressed to someone else. These type of people may be looking for personal information that they can abuse or valuable items that they can steal.
Even though you accidentally opened another person’s mail, your actions after doing so will dictate if you have committed a crime. If you decide to throw the piece of mail into the trash, you have committed a crime as that action has intentionally obstructed and stopped the delivery process relating to that correspondence. In fact, you can be charged for taking that action.
If you unintentionally open an envelope that is not addressed to you, it is best to write “return to sender” or “delivered to wrong address” by the person’s name who the envelope should be delivered to. By taking this action, the USPS will recognize the mistake and redeliver the letter to the correct person’s address.
Intentional Act Of Opening Mail Addressed To Someone Else
Federal statute 18 USC Section 1702 was mainly initiated in order to punish individuals who knowingly steal mail with the intent to perform identity theft or other crimes. When a delivery is made to your mailbox, the USPS is relying on you to do the right thing and reroute the mail to its intended recipient.
Penalties For Opening Someone Else’s Mail
The government does not take the theft of mail lightly when sentencing individuals who commit this crime. If a person steals parcels or letters from the USPS and is caught and charged for the crime, they may serve a prison sentence that lasts as much as three years. Typically, if they intentionally stole mail for the purpose of committing another crime, this sentence will run concurrent to sentences given for those other crimes. In addition, there may be sizable fines to pay. Obviously, it’s not advisable to steal mail.
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The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by names such as Penal Code, Criminal Code, or Crimes Code.
Section 1702 makes it illegal to open correspondence addressed to someone else. However, the law cannot be applied if you did not recognize that the mail was not yours when you opened it.
If consent cannot be provided, only open someone else's mail if you have legal authority, i.e. power of attorney, are an acting executor in an estate, or a legal guardian. Send any unopened mail back by writing 'return to sender' on the envelope and posting it in a letter box, as soon as possible.
To resolve the situation: Mark “RETURN TO SENDER.” This instructs the mail carrier to return the mail to whoever sent it. You can also write “NOT AT THIS ADDRESS,” to let the sender know that the recipient has moved.
If you're receiving mail for someone who no longer lives at the address, write "not at this address" on a note attached to the misdirected mail. If the problem persists, contact the post office on the phone or in person and alert them to the situation.
Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 778 ; Pub.
A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. However, the law cannot be applied if you did not recognize that the mail was not yours when you opened it.
IS IT ILLEGAL TO OPEN SOMEONE ELSE'S MAIL? Yes, it is. If you intentionally open someone else's mail, you can be charged for doing so. This does not apply to accidents, such as accidentally opening your neighbor's letter when you received it in a pile of mail addressed to you.
If mail comes for a previous resident of your home, you should only keep it if its address says, “or current resident.” Otherwise, to avoid potential criminal charges, you should return mail to the U.S. Postal Service.
After delivery, an addressee may mark a piece of mail “Refused” and return it within a reasonable time if the mail or any attachment is not opened, except for mail listed in 611.1c(1) and 611.1c(2). Mail that may not be refused and returned unopened under this provision may be returned to the sender only if enclosed in ...
It is a federal crime to destroy, hide, open, or embezzle mail that is not intended for you. The official crime is obstruction of correspondence, which is a felony. If you're found guilty of this crime, you could face up to five years in prison and some hefty fines.
Provided there is no malicious intent, the legal system typically does not treat the accidental opening of another person's mail as a criminal act. However, intentionally misusing mail belonging to someone else may fall under obstruction of correspondence, mail tampering or mail fraud.
Cross out the barcode and write “Not at this Address: Return to Sender.” You can also just cross out the barcode and write “Return to Sender.” What do I do if I keep getting someone else's mail? If returning the mail to sender doesn't take care of the problem, notify your local post office directly.
To report mail fraud to The U.S. Postal Inspection Service online, you may fill out and submit the Mail Fraud Complaint Form . You may also call the U.S. Postal Inspection Service hotline at 1-800-372-8347 to file a complaint about suspected mail fraud.
In the United States, mail is considered by law to be private property. Just like you can't steal, damage, destroy, or interfere with someone else's property, you can't open, steal, damage, destroy, hide, or withhold someone else's mail.
Explain the problem either to your specific postal carrier or to a clerk or postmaster at your local post office. Ask them to stop delivering the previous resident's mail to your mailbox.
A resident temporarily living in a different state for school or work may want to forward mail to a domicile address. But someone who isn't the owner of a home or apartment must ask for permission. If permission is not requested and granted, that person is committing address fraud and maybe even mail fraud [*].
Provided there is no malicious intent, the legal system typically does not treat the accidental opening of another person's mail as a criminal act. However, intentionally misusing mail belonging to someone else may fall under obstruction of correspondence, mail tampering or mail fraud.
A quick way to inform the mail carrier that the letter doesn't belong to you is to write "return to sender" on the back or front of the envelope. However, you should be careful not to tamper with the letter. Writing with ink is one way of tampering with the letter. To avoid tampering with the letter, use a sticky note.
The question of opening someone else's mail is addressed by Section 1708 of the United States Code, Title 18. According to this code, opening, destroying, or hiding mail addressed to another person is a federal crime.
It's important to note that opening someone else's mail without permission is a federal offense punishable by law. You should not open the package, no matter how curious you may be to see what's inside. Instead, contact Amazon or the shipping carrier to report the misdelivery and determine the next steps to take.
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