Is it Illegal to Open Someone's Mailbox?

••• AndreyPopov/iStock/GettyImages

Related Articles

Mailboxes are considered federal property, and it's against the law to vandalize a mailbox or to open or take any mail deposited in it before those items are delivered to the addressee. There are no specific rules about opening someone's mailbox when you don't intend to open, steal or destroy the letters. Still, it's wise to get the owner's permission before you wind up in court accused of mail theft.

Snatching Someone's Mail is a Federal Crime

While there are no specific rules regarding opening a mailbox, snatching a letter from someplace other than your own mailbox is a federal crime. If prosecuted for mail theft, you face fines of up to $250,000 and five years in federal prison. There's also a federal law which prohibits the "Obstruction of Correspondence." Under this law, anybody who takes a letter to hide it, destroy it or pry into the business or secrets of another person – even if they don't open the letter – can be fined or imprisoned for up to five years, or both.

Read More: Mail Box Tampering According to Federal Law

When You Have the Owner's Permission

If you're looking after someone's affairs while she's away, and the person has expressly asked that you take care of her mail, then there's no need to worry. To be prosecuted of a federal mail theft crime, there must be an element of fraud or deception. Simply looking after your neighbor's mail – being a good citizen – is unlikely to land you in court on federal mail theft charges.

When Someone Has Died

When you know that someone has died and his mail is piling up, you may open and manage the mail in certain circumstances. You'll have to show the United States Postal Service that you're the deceased person's executor or administrator and complete a change of address form at your local post office. This will redirect the deceased person's mail to your own address, and you can manage the mail from there. Don't be tempted to break into the deceased person's mailbox even if you are the legal executor. There's a risk you may be committing the crime of letter box destruction, which carries a maximum prison sentence of three years.

Entering a Neighbor's Property May Be Trespassing

Trespass covers a much broader range of actions than most people realize, and simply entering onto someone's property to access their mailbox could land you in hot water if the person doesn't want you there. Pay attention when the property owner tells you not to go on the property, when the property is fenced or gated, or when a "no trespassing" sign is posted. These are all signs that you don't have the owner's permission to enter her property, including the area where she keeps her mailbox.

Tips

References

About the Author

Jayne Thompson earned an LL.B. in Law and Business Administration from the University of Birmingham and an LL.M. in International Law from the University of East London. She practiced in various “Big Law” firms before launching a career as a commercial writer. Her work has appeared on numerous legal blogs including Quittance, Upcounsel and Medical Negligence Experts.

Cite this Article
Did you find this page helpful?
👍
👎

What Is the Federal Law for Opening Mail Not Addressed to You?

••• AndreyPopov/iStock/GettyImages

Related Articles

Most people understand that it's illegal to open mail that's not addressed to them. What's not so widely understood is just how serious the consequences can be. Intentionally opening, intercepting or hiding someone else's mail is the felony crime of mail theft. It comes with some heavyweight penalties, including five years' incarceration in a federal prison.

You should be okay if you open mail accidentally, however, as long as you take the proper steps to reunite the mail with its owner.

Intentionally Opening Someone's Mail

Doing anything at all to someone else's mail could land you in serious hot water, even if you just glance at the return address while handing it to them. A couple of federal laws make it illegal to take, steal, intercept, open, damage or destroy someone else's mail, or impede the delivery of mail. You could be looking at charges of mail theft or "obstruction of correspondence" if you're caught doing any of these things.

Both crimes carry fines of up to $250,000 and five years in a federal prison.

Read More: Is it Illegal to Open Someone's Mailbox?

Accidentally Opening Someone's Mail

Obviously, the law isn't going to punish you if you didn't know it was someone else's mail when you opened it. It's extremely easy to open a letter without paying attention to the addressee, especially if you're opening a big pile of mail and the letter was accidentally posted to the wrong address. It's what you do next that's important.

Toss the mail in the garbage and you're potentially obstructing the mail delivery. This might seem like the safest response – getting rid of the evidence – but it's a federal crime. The best thing to do is re-seal the letter, write "Return to Sender" on the envelope and pop it back in the mail.

When You Have Permission

You're not going to get in trouble by following her instructions if someone has asked you to open her mail. The U.S. Postal Service is chiefly concerned with items that are deliberately stolen from a carrier or a mailbox because these items can be used to commit other crimes, such as identity theft. The U.S.P.S. isn't going to care that you're opening a neighbor's mail while she's in hospital. As long as you have permission, it's highly unlikely you're going to wind up in court on federal mail theft charges.

Opening a Previous Tenant's Mail

The owner or tenant before you might continue to receive mail at your home if you just recently moved in. This is especially common if they didn't forward their mail with the U.S.P.S. or if they receive mail that services can't forward.

It's reasonable to assume that mail in your own mailbox is yours without looking at the name, so if you open the previous tenant's letter on accident, you might be off the hook. Knowingly and purposefully opening another person's mail is still illegal if the mail came to your address with someone else's name on it.

Don't discard letters or packages that come to your home addressed to the person who lived there before. Simply write, "Wrong Address" or "Return to Sender" on the envelope instead and give it back to the service that sent it. Redirecting the mail is the safest way to make sure you stay on the right side of the law.

Managing a Deceased's Estate

It's not illegal to open someone's mail if the addressee has died and you're authorized to manage her estate. You'll have to fill out a redirection request at the post office in this situation, and the U.S.P.S. will make sure that the deceased's mail is delivered to your own address.

Mailbox Tampering

It's against the law to break into someone's mailbox even if you're legally permitted to read the mail – do this, and you could be charged with the crime of mailbox tampering.

Tips

References

About the Author

Jayne Thompson earned an LL.B. in Law and Business Administration from the University of Birmingham and an LL.M. in International Law from the University of East London. She practiced in various “Big Law” firms before launching a career as a commercial writer. Her work has appeared on numerous legal blogs including Quittance, Upcounsel and Medical Negligence Experts.