Federal Mail Theft and Postal Security Crimes — Protecting the U.S. Mail

Taking a package off someone's porch is local property crime. Taking it after it has been delivered by the Postal Service — or stealing it from a mailbox, mail carrier, post office, or delivery vehicle — is a federal felony. The federal mail theft statutes in 18 U.S.C. Chapter 83 (§§ 1691–1732) make the security and integrity of the U.S. mail system a matter of federal criminal law, protecting everything from letters and packages to postal employees' safety to the prohibition on sending dangerous materials through the mail. Mail theft from a collection box or carrier carries up to 5 years in federal prison. See also Wire Fraud & Mail Fraud for the related fraud statutes that use the mail system as a jurisdictional hook. Sending certain dangerous or prohibited items through the mail carries additional penalties. These laws exist because the U.S. mail system is a federal function — the Postal Service operates under federal authority — meaning crimes against it fall under federal jurisdiction regardless of where they occur, which state the mail crossed, or how small the package.

Current Law (2026)

Legal Authority

• 18 U.S.C. § 1701 — Obstruction of mails: whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, is subject to fine and up to 6 months imprisonment; this provision has been used in protests and other situations where mail delivery is physically blocked
• 18 U.S.C. § 1702 — Obstruction of correspondence: taking any letter, postal card, or package from a post office, authorized depository, or mail carrier before delivery, and opening, secreting, embezzling, or destroying it, is a felony carrying up to 5 years; the statute covers not just the physical taking but also "secreting" — hiding — mail before it reaches its intended recipient
• 18 U.S.C. § 1705 — Destruction of mail receptacles: willfully or maliciously injuring, tearing down, or destroying any letter box, collection box, or other mail receptacle, or mail deposited therein, is a felony; this is the primary statute for prosecuting mailbox destruction and break-ins
• 18 U.S.C. § 1708 — Mail theft generally: stealing, taking, embezzling, or knowingly converting any letter, postal card, package, bag, or mail from a post office, mail depository, mail carrier, mail route, postal vehicle, or mail receptacle is a felony (up to 5 years); receiving, concealing, or unlawfully having in one's possession stolen mail is also covered; this is the broadest and most commonly charged mail theft offense
• 18 U.S.C. § 1709 — Postal employee theft: a Postal Service officer or employee who steals, embezzles, or knowingly destroys any letter, postal card, or package entrusted to them is a felony carrying up to 5 years; the position of trust makes this a separately punishable offense
• 18 U.S.C. § 1711 — Misappropriation of postal funds: postal employees who misappropriate postal funds or property face up to 10 years if the value exceeds $1,000, 1 year for lesser amounts; this is the postal equivalent of embezzlement
• 18 U.S.C. § 1715 — Firearms as nonmailable: pistols, revolvers, and other firearms that can be concealed on a person must not be sent through the U.S. mail; licensed dealers and manufacturers may ship rifles and shotguns under specific conditions; the statute includes exceptions for military shipments and lawful firearms transfers
• 18 U.S.C. § 1716 — Injurious articles as nonmailable: sending poisons, explosives, flammable materials, biological agents, radioactive materials, or other hazardous articles through the mail is a serious federal crime; the penalty escalates to up to 20 years if the offense results in death; this statute covers the mailing of anthrax or other biological agents
• 18 U.S.C. § 1716D — Nonmailable animals and plants: knowingly mailing anything that federal regulations prohibit — including invasive species, illegal wildlife, or controlled substances — is a federal crime regardless of which postal company or carrier is used
• 18 U.S.C. § 1716E — Tobacco by mail: mailing cigarettes or smokeless tobacco products in violation of the Prevent All Cigarette Trafficking (PACT) Act requirements is a federal crime; the PACT Act restricts online and mail-order tobacco sales that circumvent state tax and age-verification requirements

Mail Theft: A Federal Concern

Mail theft has become one of the most common federal crimes targeting ordinary households. Package theft ("porch piracy") — while often prosecuted as a local property crime — becomes a federal matter when the package has passed through USPS hands: once a letter or package enters the postal system, stealing it before delivery (or from the mailbox after delivery) triggers 18 U.S.C. § 1708's federal felony provisions.

Organized mail theft rings — which steal keys to postal collection boxes, break into postal vehicles, or use postal employee accomplices — have become a significant concern. The postal blue collection boxes on street corners contain aggregated mail from dozens of residents, making them attractive targets. The postal "arrow key" — a master key that opens collection boxes and apartment mailboxes used by postal carriers — has been stolen and duplicated by criminal networks. Federal prosecutions under §§ 1705 and 1708 address these organized theft operations.

Identity theft through mail theft is a particular concern. Bank statements, check deliveries, tax forms (including W-2s and 1099s), and credit card deliveries all travel through the mail and can be used for identity theft or check fraud if intercepted. The combination of § 1708 (mail theft) and § 1028 (federal identity theft crimes) provides federal prosecutors with substantial charging options against mail-based identity thieves.

Nonmailable Items: What the Law Prohibits Sending

The Postal Service's authority to declare items "nonmailable" is backed by criminal penalties. The most significant prohibitions:

Firearms: Concealable handguns cannot be sent through the USPS. Licensed firearms dealers can ship rifles and shotguns under specific conditions. This prohibition applies to USPS specifically; private carriers (FedEx, UPS) have their own policies but are not covered by the federal nonmailability statute.

Dangerous articles: Explosives, flammable liquids, acids, poisons, and biological agents are nonmailable. The anthrax letter attacks of 2001 triggered both § 1716 prosecutions and significant changes to federal biological agent regulations. The penalty escalates to 20 years if the offense causes death.

Controlled substances and illegal drugs: Sending controlled substances (Schedule I–V drugs) through the mail is a separate federal crime under the Controlled Substances Act and related trafficking statutes, but § 1716D's general prohibition on mailing things that violate federal law provides an additional avenue for prosecution.

Tobacco products: The PACT Act restricts mail-order cigarette and smokeless tobacco sales, and § 1716E makes violations a federal crime — working alongside the FDA's tobacco regulatory authority. This was particularly significant for online cigarette retailers who were shipping directly to consumers without collecting state taxes.

How It Affects You

If you are a victim of mail theft: Your first call should be to the U.S. Postal Inspection Service at 1-877-876-2455 — not just local police. The USPIS has federal law enforcement authority and investigates mail theft as a federal crime, with resources that local departments lack for organized ring cases. You can also file online at postalinspectors.uspis.gov. If the mail theft resulted in identity theft — fraudulent use of intercepted checks, account statements, tax forms, or credit card deliveries — also file a complaint with the FTC at identitytheft.gov, which generates a personalized recovery plan and affidavit for disputing fraudulent accounts. Enroll in USPS Informed Delivery (free at informeddelivery.usps.com) — it sends you images of expected mail pieces and package tracking notifications, so you can immediately identify if a piece was delivered but not received. For high-value mail, request signature confirmation or pick it up at the post office with "Hold for Pickup" notation. If your building's postal collection box or apartment mailbox was broken into, report it to both USPIS and your building management — organized arrow key theft (stealing master postal carrier keys) is a federal felony under § 1705.

If your packages are being stolen from your porch: Package theft becomes a federal crime when a USPS-delivered package is taken — once a package enters the postal system, stealing it before delivery or from the delivery point triggers 18 U.S.C. § 1708's federal felony provisions (up to 5 years). Private carrier packages (FedEx, UPS, Amazon) are generally governed by state property crime statutes, not federal mail theft law, though the practical enforcement overlap means federal investigators sometimes pursue cases involving mixed carriers in organized theft rings. For prevention: request USPS package signature confirmation or package intercept for high-value deliveries when you're away; use USPS Informed Delivery to track expected arrivals; and if you're a frequent target, consider requesting packages be held at your local post office. File theft reports promptly with USPIS — pattern data from multiple victims in the same area is what triggers organized ring investigations.

If you ship items through the U.S. mail: The nonmailability rules in §§ 1715–1716E are criminal statutes, not guidance or recommendations. Sending prohibited items through USPS is a federal felony regardless of your intent or whether the item causes harm. The practical categories to know: handguns and concealable firearms are prohibited — only licensed dealers can ship certain long guns under specific conditions. Dangerous articles — explosives, flammable liquids, biological agents, poisons, radioactive materials — are nonmailable and carry up to 10 years in prison (20 if death results). Controlled substances sent through the mail violate both § 1716D and the Controlled Substances Act. Cigarettes and smokeless tobacco must comply with PACT Act requirements under § 1716E. When in doubt whether an item is mailable: check the USPS Hazardous Materials/Dangerous Goods page at usps.com/ship/shipping-restrictions.htm or ask a postal clerk before shipping. "I didn't know it was prohibited" is not a legal defense, and USPIS inspectors regularly intercept prohibited packages through X-ray screening and chemical detection.

If you are a postal employee: 18 U.S.C. §§ 1709 and 1711 specifically target postal employees who steal from or misappropriate mail they handle — carrying up to 5 years for § 1709 mail theft and up to 10 years for § 1711 misappropriation of postal funds over $1,000. The position of trust that comes with mail handling makes these offenses a high enforcement priority for the USPIS. Postal inspectors conduct undercover integrity tests — placing marked test mail, cash, and items to detect employee pilferage — as a routine part of the USPIS investigations program. If you observe a coworker stealing from the mail, you can report it to the USPIS hotline (1-877-876-2455) or online at postalinspectors.uspis.gov — reports can be made anonymously. If you have been approached by someone asking you to assist in mail theft or provide access information (arrow keys, delivery schedules), that is a federal crime — report it immediately.

State Variations

Mail theft is primarily federal law, but states can and do prosecute mail theft and package theft under state property crime statutes, particularly for offenses that do not involve USPS or where federal prosecution is declined. In many metropolitan areas where organized retail crime and mail theft networks operate, state prosecutors work alongside the U.S. Postal Inspection Service to coordinate charges.

Pending Legislation

Congress has periodically considered legislation strengthening penalties for mail theft, particularly as package theft has grown with the rise of e-commerce. The INFORM Consumers Act (2022) and related legislation have addressed online marketplace requirements for information disclosure, partly to reduce resale of stolen packages. No major amendments to the core mail theft statutes are pending as of 2026.

Recent Developments

Mail theft increased significantly during and after the COVID-19 pandemic, driven by the surge in residential package deliveries and organized theft networks targeting postal collection boxes and carrier vehicles. The U.S. Postal Inspection Service increased criminal referrals to U.S. Attorneys, resulting in more federal prosecutions of organized mail theft rings. The Biden administration directed additional resources to postal theft enforcement in 2022-2023. "Arrow key" theft from postal carriers — which gives criminals access to apartment building mail systems — has been a particular enforcement focus, with organized criminal networks charged under § 1708 and related statutes for acquiring and distributing stolen postal keys.