Under 18 U.S.C. 1701, obstruction of mails is a federal crime: anyone who knowingly and willfully obstructs or delays the passage of U.S. mail, or any carrier or vehicle carrying it, faces up to six months in prison, a fine of up to $5,000, or both.1Office of the Law Revision Counsel. 18 USC 1701 – Obstruction of Mails Generally The statute is short and deliberately broad, and it reaches conduct most people don’t recognize as criminal, including throwing away a former tenant’s letters.
What the Statute Prohibits
Section 1701 targets two things: obstructing the passage of the mail itself, and obstructing any carrier or vehicle that carries it.1Office of the Law Revision Counsel. 18 USC 1701 – Obstruction of Mails Generally The phrase “obstruct or retard” covers outright blocking and mere delays. Courts have applied it to physical interference with carriers on their routes, deceptive rerouting of someone else’s mail, and postal workers who discarded mail instead of delivering it.
In one case, a letter carrier was convicted for throwing away hundreds of pieces of advertising mail. Investigators compared what he discarded against his own records and found that 80 to 90 percent of it should have been delivered to occupied homes.2Justia. United States v. Marshall, No. 12-2441 (1st Cir. 2014) Systematically discarding deliverable mail satisfied the “knowingly and willfully” element.
Intent is the pivot. Accidentally parking in front of a mailbox or having a package slide behind furniture will not draw a prosecution. Prosecutors must show you acted knowingly and on purpose. That said, the threshold for “obstruction” is lower than most people expect. Even a temporary, partial delay counts if you caused it deliberately.
Penalties and Classification
Because the maximum prison term is six months, obstruction of mails is a Class B misdemeanor.3Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses The fine ceiling for an individual is $5,000 under the federal sentencing framework.4Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine A court can impose a fine, imprisonment, or both.1Office of the Law Revision Counsel. 18 USC 1701 – Obstruction of Mails Generally
First-time offenders charged only with obstruction rarely serve the full six months. Probation is a common outcome, typically with check-ins and community service. Violating probation can turn that leniency into jail time.
Courts also have discretion to order restitution. Under 18 U.S.C. 3663, a sentencing judge may order a defendant to compensate the victim for property losses, and for misdemeanors specifically, restitution can be imposed as an alternative to other penalties.5Office of the Law Revision Counsel. 18 USC 3663 – Order of Restitution If your interference caused someone to miss a check, incur late fees, or lose a time-sensitive legal filing, the court can order you to cover those costs.
A federal conviction, even a misdemeanor, creates a permanent record. Background checks will show it. Security clearances become harder to obtain, and licensed professionals such as attorneys and financial advisors may face disciplinary review from their licensing boards.
Former Tenants and Previous Residents
This is where ordinary people run into mail law without realizing it. If you receive mail addressed to someone who used to live at your address, you cannot legally throw it away, open it, or destroy it. Doing so can constitute federal obstruction of correspondence under 18 U.S.C. 1702.6Office of the Law Revision Counsel. 18 USC 1702 – Obstruction of Correspondence
The correct move is to write “Return to Sender,” “Not at This Address,” or “No Such Person” on the envelope and put it back in your mailbox for pickup. If the envelope has a barcode across the bottom, cross it out so a postal worker handles the correction manually rather than a machine routing it right back to you. Junk mail addressed to “Current Resident” is treated as yours, since it’s addressed to whoever lives there.
Landlords and property managers face the same rules. They cannot discard mail for former tenants, open it looking for forwarding addresses, or file a change of address on someone else’s behalf. A landlord who withholds a tenant’s mail as leverage over unpaid rent is committing a federal offense. The only legal option is returning the mail to the postal system.
Does This Apply to FedEx, UPS, and Amazon Deliveries?
No. Section 1701 protects “the mail,” meaning items carried by the United States Postal Service.1Office of the Law Revision Counsel. 18 USC 1701 – Obstruction of Mails Generally Packages moved by FedEx, UPS, Amazon, or other private carriers fall outside this statute. Interfering with a private delivery may bring state theft or trespassing charges, but it does not trigger a federal mail obstruction prosecution.
One wrinkle catches people off guard. If a package arrives via USPS, including items where Amazon or another retailer selected USPS as the shipper, it is “the mail” and federal mail law applies. The identity of the seller does not matter. What matters is whether a USPS carrier was handling the delivery.
Related Mail Crimes That Often Get Stacked
Section 1701 is part of a cluster of federal mail statutes, and once conduct crosses from simple obstruction into taking, opening, or exploiting mail, the penalties escalate sharply.
- Taking or opening someone else’s mail (18 U.S.C. 1702): removing mail before it reaches the recipient, with intent to interfere or pry, is a felony carrying up to five years.6Office of the Law Revision Counsel. 18 USC 1702 – Obstruction of Correspondence
- Postal employee destroying or hiding mail (18 U.S.C. 1703): a postal worker who secretly destroys, hides, or delays mail entrusted to them faces up to five years for letters and packages, or up to one year for newspapers.7Office of the Law Revision Counsel. 18 USC 1703 – Delay or Destruction of Mail or Newspapers
- Mail theft (18 U.S.C. 1708): stealing mail or receiving stolen mail is a felony punishable by up to five years.8Office of the Law Revision Counsel. 18 USC 1708 – Theft or Receipt of Stolen Mail Matter Generally
- Mail fraud (18 U.S.C. 1341): using the mail to carry out a fraud scheme carries up to 20 years, or 30 years if the fraud affects a financial institution.9Office of the Law Revision Counsel. 18 USC 1341 – Frauds and Swindles
Simple obstruction is a misdemeanor. If the conduct also involves taking, opening, stealing, or defrauding, prosecutors can add these felony charges. A case that started as a six-month misdemeanor can become a multi-year federal prosecution.
Statute of Limitations
The government has five years from the date of the offense to bring charges. That window comes from the general federal statute of limitations for non-capital crimes.10Office of the Law Revision Counsel. 18 USC 3282 – Offenses Not Capital Five years is a long runway for a misdemeanor, and conduct you assumed was forgotten can still surface, particularly if the Postal Inspection Service uncovers it during a larger investigation.
Common Defenses
The government must prove you acted “knowingly and willfully.”1Office of the Law Revision Counsel. 18 USC 1701 – Obstruction of Mails Generally That intent element is the most common opening for a defense. Accidental interference, a genuine misunderstanding, an honest sorting error, or a landlord who did not know the rules can all fall short of willful conduct.
A second line challenges whether obstruction actually occurred. If the mail reached its recipient without meaningful delay, the defense can argue that no passage was obstructed or retarded. That is a factual fight tied to the specific evidence.
In narrow situations, First Amendment claims arise. If alleged interference happened during a protest near a post office and the disruption to mail was incidental rather than intentional, a defendant may argue the conduct was protected expression. Courts weigh these claims case by case, looking at whether the primary purpose was lawful speech or interference with delivery.
Federal criminal procedure carries its own rules, and even a misdemeanor conviction leaves a permanent record. Anyone facing charges under this statute should consult an attorney experienced in federal defense who can test the intent element, look for procedural weaknesses, and negotiate with prosecutors before trial.
How to Report Mail Obstruction
If someone is interfering with your mail, the U.S. Postal Inspection Service accepts reports at uspis.gov/report and by phone at 1-877-876-2455.11United States Postal Inspection Service. Report For a crime in progress, call 911 first. The online system separates mail theft, mail fraud, identity theft, and suspicious mail into distinct categories.
Document what you can before filing. Keep a log of dates when expected mail did not arrive, save evidence of tampering with your mailbox, and note descriptions of anyone you have seen interfering with your deliveries. Postal inspectors are federal agents with authority to serve warrants and make arrests,12eCFR. 39 CFR Part 233 – Inspection Service Authority and concrete details make their work far more productive than a vague complaint.