18 U.S.C. § 1708: Mail Theft Penalties, Sentencing, and Defenses

Federal mail theft penalties under 18 U.S.C. § 1708 reach up to five years in federal prison and fines as high as $250,000 for each count of stealing, tampering with, or knowingly possessing stolen U.S. mail.¹² The statute applies regardless of what the mail was worth, and because the Postal Service is a federal agency, interference with its operations gives federal prosecutors jurisdiction even when the conduct looks like ordinary theft.

What Section 1708 Actually Covers

The statute reaches a wider range of conduct than most people expect. It applies to anyone who steals or takes mail from anywhere in the postal system, removes items from inside a letter or package without taking the whole thing, hides or destroys mail, or obtains mail through fraud or deception.¹ Each of those actions carries the same five-year maximum.

The “abstracting” provision matters on its own. If someone opens your envelope, takes the check inside, and leaves the envelope behind, that qualifies. They don’t need to walk off with the whole piece. Destroying or hiding mail counts too. A neighbor who shreds credit card offers addressed to you rather than forwarding them is technically committing a federal felony.

Fraud adds another layer. Filing a fake change-of-address form to reroute someone’s mail, or impersonating a recipient to intercept a package, falls squarely within the statute. Even an unsuccessful attempt to steal mail through any of these methods is a federal crime.¹

Intent is the line that separates a crime from an accident. Picking up your neighbor’s misdelivered letter and setting it on their doorstep isn’t a federal offense. Prosecutors have to show the person deliberately interfered with mail to take something that wasn’t theirs or to deprive the rightful recipient.

What Mail and Which Locations Are Protected

Section 1708 protects mail in specific places: post offices, blue USPS collection boxes, personal mailboxes at a residence, a carrier’s vehicle or hands, and any designated stop along a mail route.¹ Outgoing mail left near a collection box for pickup is also covered. Each individual piece of mail taken can produce a separate federal charge, which is why counts add up quickly in these cases.

Two boundaries are worth knowing. First, packages delivered by FedEx, UPS, Amazon’s own delivery network, or any other private carrier are not “mail” for purposes of this statute. Stealing a FedEx package from a doorstep is a crime, but it’s a state-level theft offense, not a federal mail crime. Second, once a USPS carrier leaves a package on a porch and walks away, the package is arguably no longer inside an “authorized depository for mail matter.” That doesn’t legalize porch theft; it typically falls under state theft or larceny laws instead, and prosecutors sometimes pursue those cases in state court rather than federal court for that reason.

Receiving or Possessing Stolen Mail

You don’t have to be the person who opened the mailbox. Anyone who buys, receives, hides, or simply possesses mail they know was stolen is guilty of the same federal felony as the person who took it.¹ The critical word is “knowing.” Prosecutors have to prove the person knew the mail was stolen, not just that they happened to have it.

Knowledge is usually shown through circumstances rather than a confession. Someone found with dozens of opened envelopes addressed to different people at different addresses is going to have a hard time claiming ignorance. Attempting to cash stolen checks, use stolen cards, or sell goods pulled from packages makes the case stronger. A single stolen letter is enough to charge, but the volume and context are what typically prove knowledge.

How the Real Sentence Gets Calculated

Every violation is a felony regardless of the value of what was stolen. The statutory maximum is five years per count, and fines can reach $250,000 for individual defendants under the general federal fine statute.² But the sentence a judge actually imposes depends heavily on the Federal Sentencing Guidelines.

The base offense level for mail theft is 6. That number climbs on a sliding scale for the total dollar loss: losses above $6,500 add two levels, losses above $40,000 add six, and the scale keeps going.³ The guidelines also contain a mail-specific provision on victim counts. Stealing from a USPS collection box, relay box, delivery vehicle, or mail satchel is automatically treated as an offense involving at least ten victims, which adds two more levels. Stealing from a cluster mailbox at an apartment complex is presumed to involve as many victims as there are individual boxes in that unit. That is why a single incident with one defendant can produce a guidelines range far above what “mail theft” sounds like in isolation.

Supervised Release and Restitution

Prison time isn’t the end. Mail theft is classified as a Class D felony, so a judge can impose up to three years of supervised release after prison.⁴ Standard conditions include drug testing, a prohibition on new crimes, and compliance with restitution orders.

Restitution is not optional. Federal law requires courts to order defendants to compensate victims for property damage, loss, or destruction caused by the offense.⁵ That means returning stolen property where possible, or paying the value of what was lost. On top of all of that, a federal felony conviction creates a permanent criminal record that affects employment, housing, and professional licensing.

When Identity Theft Charges Get Added

Mail theft cases escalate fast when investigators find personal information. Stolen mail is one of the most common sources of the data used in identity fraud, and prosecutors don’t just charge mail theft when they see that pattern. They add federal identity fraud charges on top.

Under 18 U.S.C. § 1028, it’s a separate federal crime to possess or use someone else’s identifying information without authorization to commit any federal or state felony, and the statute specifically applies when stolen identification documents traveled through the mail.⁶

The heavier penalty is aggravated identity theft under 18 U.S.C. § 1028A. If someone uses a stolen identity during certain predicate felonies, including mail fraud and bank fraud, a mandatory two-year prison sentence applies on top of whatever sentence is imposed for the underlying crime.⁷ Those two years run consecutively, so they are added to the end of the other sentence. The court cannot shorten the sentence for the underlying crime to compensate, and probation is not available for the aggravated identity theft count.

Related Federal Mail Crimes

Section 1708 is not the only statute protecting the mail. Two others come up regularly.

18 U.S.C. § 1702 targets anyone who takes mail before delivery and opens, hides, or destroys it with intent to interfere with correspondence or pry into someone’s affairs.⁸ The difference from § 1708 is motive. Section 1702 reaches nosiness or spite rather than an intent to steal. The maximum is the same five years.

When a postal employee is the thief, 18 U.S.C. § 1709 applies specifically. It covers any Postal Service officer or employee who steals, hides, or destroys mail entrusted to them.⁹ The maximum is again five years, and suspected employee theft is reported to the USPS Office of Inspector General rather than the Postal Inspection Service.

Statute of Limitations and the Intent Defense

Federal prosecutors have five years from the date of the offense to bring charges under § 1708, under the general federal statute of limitations for non-capital crimes.¹⁰ In cases where identity theft grew out of an earlier mail theft, that window gives investigators time to trace the full damage.

The most common defense is lack of intent. Because the statute requires purposeful interference with the mail, a defendant who genuinely received misdelivered mail and failed to return it promptly may have a real argument. The distinction between “I didn’t realize this wasn’t mine” and “I opened 30 envelopes addressed to other people” is exactly the kind of line prosecutors and defense attorneys fight over.

For attempt charges, the government has to show a “substantial step” toward the theft, meaning conduct that unequivocally demonstrates the crime would take place unless interrupted.¹¹ Sitting in a car near a row of mailboxes isn’t enough. Getting out with tools and approaching the boxes probably is.

How to Report Mail Theft

The U.S. Postal Inspection Service is the law enforcement arm that investigates these crimes. Postal Inspectors are federal agents authorized to serve warrants, make arrests, carry firearms, and seize evidence.¹²

Report suspected mail theft through the USPIS online portal at uspis.gov/report or by calling 1-877-876-2455.¹³ If you catch someone in the act, call 911 first. For missing packages or delivery problems that don’t involve theft, contact USPS directly rather than the Inspection Service. If you suspect a postal employee, report it to the USPS Office of Inspector General instead.

1
Office of the Law Revision Counsel. 18 USC 1708 – Theft or Receipt of Stolen Mail Matter Generally
2
Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
3
United States Sentencing Commission. USSG 2B1.1 – Larceny, Embezzlement, and Other Forms of Theft
4
Office of the Law Revision Counsel. 18 US Code 3583 – Inclusion of a Term of Supervised Release After Imprisonment
5
Office of the Law Revision Counsel. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes
6
Office of the Law Revision Counsel. 18 US Code 1028 – Fraud and Related Activity in Connection With Identification Documents, Authentication Features, and Information
7
Office of the Law Revision Counsel. 18 USC 1028A – Aggravated Identity Theft
8
Office of the Law Revision Counsel. 18 USC 1702 – Obstruction of Correspondence
9
govinfo. 18 USC 1709 – Theft of Mail Matter by Officer or Employee
10
Office of the Law Revision Counsel. 18 USC 3282 – Time Bars to Indictments for Non-Capital Offenses
11
Ninth Circuit Court of Appeals. Attempted Mail Theft 18 USC 1708
12
Office of the Law Revision Counsel. 18 US Code 3061 – Investigative Powers of Postal Service Personnel
13
United States Postal Inspection Service. Report