The mail that people receive every day in their mailbox can be filled with potentially valuable information, including names, addresses, account numbers, financial information and other personal identification information. The information found in a single letter can be used by someone to commit identity theft under California Penal Code Section 530.5 PC or a variety of other fraud-related offenses. As a result, mail theft is a crime that is specifically prohibited by California Penal Code Section 530.5(e) PC and can result in significant penalties for those convicted.
To prove that a defendant is guilty under section 530.5(e) pc of the California penal code, the prosecutor must prove that the defendant committed mail theft as defined in section 1705 of title 18 of the state code United. this requires the following items:
- Defendant willfully or maliciously
- demolished, destroyed, or smashed any mailbox or other receptacle intended for the delivery of mail on any mail route
- or the Defendant deliberately and maliciously injured, defaced or destroyed any mail deposited inside.
As this crime relates to the United States Postal Service and interstate commerce, the defendant could be prosecuted for mail theft in federal court.
Other similar or related crimes include:
- credit card fraud – california penal code section 484e pc
- identity theft – california penal code section 530.5 pc
- misappropriation of lost property – california penal code section 485 pc
- petit theft: california penal code section 484(a) pc
- grand theft: california penal code section 487 pc
a man walks through neighborhoods during the day when people are at work. he checks open mailboxes for checks, credit cards, or any other pieces of mail that might be valuable to him or others. the man proceeds to take out the mail that he finds valuable and puts it away. The man could be charged with mail theft under California Penal Code Section 530.5(e) PC. Furthermore, if the man actually uses the personally identifiable information he discovered in the stolen mail, he too can be prosecuted for identity theft under California Penal Code Section 530.5 PC.
In another example, a man in a new apartment receives mail addressed to the old tenant, who hasn’t updated his address. the man brings the mail to his apartment and has every intention of returning it to the post office with a “return to sender” notice, however he forgets to do so. the mail remains in his drawer for several months. This man would not be guilty of mail theft since he did not maliciously steal the mail, even though it belonged to someone else.
As described above, there may be instances where this offense is inadvertently committed by someone who was unaware that they were taking mail belonging to someone else. in these cases, the defendant would have a strong defense against accidents.
Furthermore, when the defendant lacks malicious intent, there would be no criminal liability under the mail theft statute. this would apply in cases where the defendant took the mail to deliver it to its rightful owner or for another lawful purpose.
mail theft under california penal code section 530.5(e) pc is a misdemeanor punishable by up to one year in jail and a $1,000 fine. the sentencing judge may also impose a variety of other conditions of probation. In addition, this crime could be charged by federal prosecutors and prosecuted in federal court. if convicted in federal court, the penalties would be significantly longer.
If you or someone you know has been charged with mail theft, it is very important that you meet with a Los Angeles criminal defense attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecution experience, Los Angeles criminal defense attorney Michael Kraut has tried and defended cases of this nature and knows how best to defend those charged with this crime. Mr. Kraut is highly regarded throughout the court system as a tough litigator who possesses extensive knowledge of criminal law and procedure.
For more information on mail theft and to schedule your free consultation, contact Los Angeles criminal defense attorney Michael Kraut at Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. You can reach kraut 24 hours a day, 7 days a week at 888-334-6344 or 323-464-6453.