Mail Tampering: Is Taking Your Fiance’s Mail Illegal?

While many people dislike receiving junk mail repeatedly, everyone expects to receive an important letter occasionally. Due to the importance of our mail, we expect to receive our letters in good condition. Unfortunately, our mail systems are often fraught with issues ranging from damaged packages to mail tampering and theft. CBS reported that mail theft complaints skyrocketed from 60,000 instances in 2018 to over 250,000 in 2023. Governmental agencies have imposed increasingly serious laws regarding mail crimes to crack down on crime. This shocking statistic has sparked increased interest in the laws surrounding mail tampering.

Fiance Is Denied of Receiving Her Partner’s Mail

The viral clip below clearly demonstrates how mail tampering can happen accidentally. In the video, a woman asks to receive her fiancé’s mail but is told no.

In the clip, a woman walks up to a mailman delivering letters. She asks for a person’s mail by name, claiming they are her fiance’s letters. The mailman politely refuses, explaining that he cannot mail someone because they ask. The woman becomes upset and asks for the mailman’s name. Confident that he is correct about the situation, the mailman politely tells the woman his name and continues about his work. In a later social media post by the woman, she explains her frustrations and claims she will take the mailman to court for denying her the mail. 

Who’s correct in this video? Are you not allowed to receive letters meant for your spouse or fiance? 

Is Taking Your Fiance’s Mail Illegal? 

Federal law states that it is illegal to interfere with, destroy, deface, or take someone else’s mail. This includes people who are close to you personally, including spouses and other family members. The only situations where someone can collect someone else’s mail occur when they have explicit permission, such as when they are housesitting.

If the mailman had given the woman the mail, he would have committed mail tampering by interfering with delivery to the proper recipient.

Mail tampering is not a well-understood crime. As shown in the viral clip above, many aren’t aware of unique federal laws regarding mail crime, which can often lead to confusion and conflict. Thus, in the future, you may want to take a second look at your mail’s shipping labels before you hastily open them!

What is Mail Tampering? 

Mail tampering is a broad term that refers to multiple mail-related crimes. Generally, mail tampering describes crimes that involve stealing, tampering with, moving, destroying, or defacing someone else’s mail. In some instances, it can even tell when someone interferes with another receiving their mail. In some states, laws may even extend to cover the act of tampering with or destroying someone’s mailbox.

Mail tampering first falls under federal jurisdiction. Under the U.S Code Title 18, Chapter 83, the act of stealing mail keys, obstructing mail service, and theft of mail are covered. In addition to federal laws, many states have imposed various mail tampering statutes. Like the federal rulings, these states’ laws cover crimes ranging from defacing mailboxes to stealing and defacing mail. 

What Are Punishments for Mail Tampering? 

Since mail fraud isn’t dangerous or lethal, punishments often vary depending on the intent and actions of whoever committed the violation. Likewise, many people may accidentally take someone else’s mail or receive the wrong package. When the crime is genuinely accidental, authorities often drop or reduce punishments. Federal mail tampering falls under criminal law, with differing levels of severity. 

Under the U.S. Code, serious counts of mail tampering warrant major fines and jail time of up to five years. The U.S. Code specifies that mail crimes are often charged separately for each offense. For example, someone who commits mail theft, steals a mail key and destroys a mailbox can face charges for all three offenses simultaneously. Punishments may add to each other and exceed the fine or jail time limit in these situations. 

With the increase in mail-related crimes, more states have been implementing and supporting federal mail tampering laws. Some states increase the punishments for mail tampering, while others clarify and re-assert federal laws. For instance, Washington state outlines that someone commits mail theft if they “Commit theft of mail addressed to three or more different addresses, and commit theft of a minimum of ten separate pieces of mail.” Additionally, the state outlines that each of the ten pieces of mail from different addresses constitutes separate charges. Although Washington’s specific definition of mail theft may differ from federal laws, their punishment of jail time and fines match. 

Can You Accidentally Steal Mail? 

For many, the thought of mail crimes can be confusing. Most people have accidentally received an incorrect package or mistakenly opened a letter addressed to someone else, but do these actions count as mail tampering? 

Accidentally stealing mail is entirely possible. Opening someone else’s mail or receiving another person’s package technically qualifies mail tampering under federal law. However, mail tampering laws have nuances, particularly when argued in court.

In most situations where someone mixes up or accidentally opens a package, they face no repercussions. Many acknowledge that mistakes happen and that mail systems can be complex and error-prone. If you accidentally tamper with mail and the case goes to court, you can demonstrate that the action was unintentional or caused by extenuating circumstances. More serious situations may require you to seek legal help or argue your case in other ways.