Most people know that it’s illegal to open mail that is addressed to someone else. In fact, there is a federal law that makes it a crime to do so. However, the law only applies under very specific circumstances. To help determine if it’s lawful, take a look at the following reasons for opening mail not addressed to you.
Accidentally Opening Someone Else’s Mail
A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. But, the law only applies if you opened the mail intentionally. If you accidentally opened someone else’s mail while sifting through a large stack of envelopes, you have not committed a crime.
What To Do Next:
Although you may have opened someone else’s mail unintentionally, what you do with it afterward is what really counts. Do not throw the mail out! Doing so amounts to intentional obstruction of the delivery of that correspondence. That is a crime, and there may be consequences. If you make a mistake and open the wrong mail, write Return to Sender or note Wrong Address on the envelope and pop it into a mailbox. That way, the letter can still eventually reach the intended recipient.
Intentionally Opening Mail Not Addressed To You
The U.S. Postal Service is mainly concerned with mail that is stolen from their custody. In other words, once they have delivered mail to your box, it is no longer in their possession and the onus is on you to respond if correspondence has been mishandled. The statute is designed to address mail that is wrongfully removed from Postal Service custody i.e. being stolen from a Post Office, a letter carrier, or a mailbox. Should the stolen mail be used to conduct another crime, like identity theft, then the thief might be facing additional charges.
Mail Theft
If someone opens mail that is not addressed to them with the intention of stealing what is inside, they are subject to consequences, as well. For instance, if you know someone was delivered cash in an envelope or shipped an expensive item, opening the mail and taking the possessions is still a form of theft that has consequences beyond that of opening mail not addressed to you.
Opening Someone Else’s Mail with Permission
It’s common for someone to ask a neighbor to collect and open his mail while he is away from home. In this case, you can open his mail as long as he has given you permission. It is only a crime if the person did not ask you to and you choose to open it anyway.
Managing the Mail of Someone Who Has Passed Away
According to USPS, “After a loved one has passed away, accumulating mail can attract unwanted attention. To avoid this, as appointed executor or administrator, you can file a request at the Post Office™ to redirect their mail [or] remove them from advertisers’ mailing lists.”
If you lived with someone who has passed away and received their mail before he or she died, you can still manage and open their mail as usual. If you are the executor of the deceased person’s estate and need to forward his or her mail to a different address, you will need to contact your local Post Office.
Potential Penalties
While opening mail not addressed to you on accident or with permission is not a crime, a person who steals mail from Postal Service custody may be looking at as much as five years in prison. That sentence may be in addition to or concurrent with other prison terms that the thief is sentenced to in relation to other crimes they may have committed after stealing the correspondence. Sizable fines may also be involved. Considering the consequences, stealing mail hardly seems worth the effort.
If you have any additional questions or concerns about opening mail not addressed to you, you should contact your local Post Office to ensure you are following the law.