By LawInspectsYes, it is actually illegal to open someone else’s mailbox or mail right here in the United States. But that also depends upon the situation you’re in, like, there could be some instances where it is legal and you’ll not be liable to any legal charges against you when you open someone else’s mailbox. Just keep on reading to know a little more about it all.
What Does the Law Actually Say?
In the United States, the mail is private, and a federal law bars anyone from tampering with or even just opening someone else’s mail. Two major laws to remember are as follows:
- 18 USC Section 1702: This says it is illegal to open somebody’s mail if the mail is not addressed to you.
- 18 USC Section 1705: Here it says one must not tamper with or damage a mailbox.
Once mail gets to its recipient, it falls into the custody of the U.S. Postal Service. If it is opened without authorization, it is not merely theft, you see, in a way, it is breaking U.S. federal law.
What If You Opened Someone’s Mail By Mistake?
Accidents do occur. The same could be said for somebody, a letter for the previous occupant entering the mailbox, and the recipient opens it, not noticing anything suspicious. It is in good faith, so no harm could come upon them.
What matters is what you do next. Suppose you have seen or opened a letter/mail that is not meant for you:
- Seal the envelope back (tape is acceptable).
- Write on the envelope either “Return to Sender” or “Wrong Address.”
- Deposit the envelope in any USPS mailbox or hand it to your mail carrier.
What If You Opened It On Purpose?
It is now time to get serious. At any time that someone has an intention to open another person’s mail, be it to read, spy, or take anything, then it ends up as mail tampering, which is a federal crime.
Even if nothing is stolen from the envelope, there can be a penalty just for opening it on purpose:
- 5 years in a Federal Penal Institution
- Severe fines
- Permanent record
In determining mail theft charges, the theft of anything of value would be key: cash, checks, gift cards, even harsher penalties come into play.
Can You Open Someone’s Mailbox If It’s Unlocked?
No, you can’t. Even if the mailbox is opened, empty, or seemingly abandoned, it is expressly off-limits. Mailboxes are considered federal property in the act of mail delivery, and only the owner or postal workers, or persons acting with their permission, may open it.
Unauthorized access to a mailbox equals mailbox vandalism and can bring criminal penalties upon whoever doesn’t have the right to do so; just be aware of that.
When Is It Actually Legal to Open Someone Else’s Mail?
Yes, there are some circumstances wherein it is perfectly legal:
- Such as if the individual has given you permission (e.g., collects mail while they are away).
- Handling mail for a deceased family member while you are his or her legal representative.
If these do not apply to you, it is best not to assume it is permissible, or in other words, to ask first.
What Happens If You Break These Rules?
If knowingly, you open mail, or for that matter, you take mail out of another person’s mailbox, and the law comes down upon you:
- Federal charges may be brought against you.
- You might get punished with jail time or fines, or maybe both.
- Even if you’re held for a lesser offense, it might get into your records and work against you later on with things like job opportunities or background checks.
The bottom line: It just isn’t worth it. An honest mistake or bad decision can spell serious legal trouble, and you wouldn’t want that, right?