Is Mail Theft a Felony in California?
Mail theft, also known as mailbox theft, is a significant problem in the United States. California is no exception, with mail theft on the rise in recent years. With the increasing severity of this issue, many individuals wonder whether mail theft is a felony in California. In this article, we will answer this question and explore the consequences of mail theft in the state.
Direct Answer
Mail Theft is a Misdemeanor in California, But It Can Rise to Felony Charges in Certain Circumstances
Mail theft, also known as burglary or theft from a mail or package carrier, is a misdemeanor in California, typically punishable by up to one year in county jail and a fine of up to $1,000 (California Penal Code (CP) 459.8). However, under certain circumstances, mail theft can rise to felony charges. In California, if the victim suffers pecuniary loss (loss of money or property) in excess of $950, the charges can escalate to a felony.
Contents
Burglary of Mail and Package Theft
Another way in which mail theft can be a felony is if the thief targets the mail of multiple residents. Theft of multiple mail bags or thefts from several residences is considered burglary (CP 459). Under California law, burglary is a felony, punishable by two, four, or six years in state prison, and/or a fine of up to $10,000 (CP 459(b)).
What Is Considered a Mailing Carrier?
Theft from a mail carrier can also rise to a felony charge. A mailing carrier is defined as anyone authorized to receive or distribute mail. This can include United States Postal Service (USPS) workers, as well as package delivery drivers. Theft from a mail carrier is typically a felony in California, punishable by one to four years in state prison and/or a fine of up to $10,000 (CP 459.8(b)).
Criminal Justice Consequences
As we discussed earlier, mail theft can rise to a felony charge under certain circumstances. But what are the consequences if convicted of felony mail theft?
| Penalty | Possible Sentences |
|---|---|
| Misdemeanor Mail Theft | Up to 1 year in county jail, fine up to $1,000 |
| Felony Mail Theft (PC 459.8(a)) | 1 to 3 years in county jail or state prison, fine up to $10,000 |
| Felony Mail Theft (Burglary) (CP 459) | 2, 4, or 6 years in state prison, fine up to $10,000 |
| Felony Theft from Mailing Carrier | 1 to 4 years in state prison, fine up to $10,000 |
Additionally, those convicted of felony mail theft may face consequences such as probation, mandatory restitution to the victim, and a possible revocation of parole. In California, courts are also required to conduct a Presentencing Report and Assessment of Offender’s Needs and Risk, which can guide the sentence.
How to Prevent Mail Theft in California
As mail theft can result in serious legal consequences, it is crucial to take measures to protect your mail. Here are some ways to prevent mail theft in California:
- Keep valuables away from windows: Avoid storing valuable items such as laptops, credit cards, and cash in visible areas. Mail thieves are often targeting valuables and may bypass less tempting targets.
- Sign for packages: Sign for packages as they are delivered, or designate someone you trust to accept them. This can reduce the risk of theft from porch and doorsteps.
- Consider a smart mailbox: A smart mailbox with video and motion sensors can provide added security to your mailbox. Some devices also include delivery notifications to alert you of incoming mail.
- Report missing mail: If you experience missing or stolen mail, report the incident to local law enforcement. This helps law enforcement keep track of stolen mail and can prevent future theft.
Conclusion
In California, mail theft is a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000. However, in cases where the victim suffers pecuniary loss exceeding $950 or in instances of multiple mail bags or packages being stolen, the charges can escalate to felony levels. It is crucial to understand the laws and consequences of mail theft in California, as well as take steps to prevent mail theft to protect yourself and others.
Remember to sign for packages, keep valuables secure, consider a smart mailbox, and report missing mail to keep your mail and packages safe in California. By taking proactive measures and being aware of the legal consequences, we can help combat mail theft and reduce its impact in our community.
