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Old 06-19-2019, 02:50 PM
 
26,639 posts, read 36,701,628 times
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Quote:
Originally Posted by ClaraC View Post
There wasn't any note in the article about it being a "felony" automatically. I don't think it's a felony, still.

I'm not making stuff up to suit my narrative. I actually know a LOT about postal laws, including it's a crime to open up your friend's mailbox and place an invitation inside, and it's also a crime (amazingly) if your community mailbox has been broken in to, so as a favor you remove your neighbor's mail to keep it from blowing away in the wind, and hand deliver it to the homes around you.

.
Then you're quite wrong that it's not a felony. A felony is something that carries a possible sentence of more than one year.


https://www.justice.gov/sites/defaul...l_brochure.pdf


Quote:
Criminal acts fall into two categories: felonies and misdemeanors. Felonies are offenses that may result in prison sentences of more than one year, while misdemeanors carry sentences of one year or less
3rd party site but still good info —

https://www.wklaw.com/mail-theft-a-federal-offense/

Quote:
Under United States Code 18 Section 1708, federal mail theft is a felony. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000.
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Old 06-19-2019, 02:57 PM
Status: "I don't understand. But I don't care, so it works out." (set 3 days ago)
 
35,613 posts, read 17,940,183 times
Reputation: 50634
Quote:
Originally Posted by Metlakatla View Post
Then you're quite wrong that it's not a felony. A felony is something that carries a possible sentence of more than one year.


https://www.justice.gov/sites/defaul...l_brochure.pdf




3rd party site but still good info —

https://www.wklaw.com/mail-theft-a-federal-offense/
Your article clearly gave the parameters for federal mail theft.

Then, in the very last case, they noted that even someone stealing from a porch was charged with theft.

Here's the actual law, on what constitutes Theft of USPS Mail. No, leaving an item on a porch doesn't pertain. The closest it comes, is mail LEFT FOR PICK UP on or adjacent to a USPS postal box.

Nothing at all about packages left on doorsteps.

https://www.law.cornell.edu/uscode/text/18/1708

And read your second link. It specifically agrees with me. Doesn't pertain to articles left on porches:

Under US Code 18 Section 1708, mail theft is defined as taking any piece of mail that is not your own for any purpose. A piece of mail can be any letter, postal card, package, box or bag. Mail theft can result from stealing from private mailboxes, collection boxes, postal workers or mail trucks.


Even though that reality doesn't fit "your narrative" as they say.
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Old 06-19-2019, 03:07 PM
 
26,639 posts, read 36,701,628 times
Reputation: 29906
What you cherry picked is specific to outgoing mail. That's why it didn't say anything about "packages left on doorsteps."

Intentionally opening someone else's mail — including stolen mail — is a federal felony.

Last edited by Metlakatla; 06-19-2019 at 03:21 PM..
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Old 06-19-2019, 03:08 PM
 
4,343 posts, read 2,229,121 times
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Quote:
Originally Posted by ClaraC View Post
Your article clearly gave the parameters for federal mail theft.

Then, in the very last case, they noted that even someone stealing from a porch was charged with theft.

Here's the actual law, on what constitutes Theft of USPS Mail. No, leaving an item on a porch doesn't pertain. The closest it comes, is mail LEFT FOR PICK UP on or adjacent to a USPS postal box.

Nothing at all about packages left on doorsteps.

https://www.law.cornell.edu/uscode/text/18/1708

And read your second link. It specifically agrees with me. Doesn't pertain to articles left on porches:

Under US Code 18 Section 1708, mail theft is defined as taking any piece of mail that is not your own for any purpose. A piece of mail can be any letter, postal card, package, box or bag. Mail theft can result from stealing from private mailboxes, collection boxes, postal workers or mail trucks.


Even though that reality doesn't fit "your narrative" as they say.
In addition to that, Amazon uses their own couriers. FedEx and UPS have their own delivery trucks/drivers.

So, that isn't USPS related.
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Old 06-19-2019, 03:14 PM
Status: "I don't understand. But I don't care, so it works out." (set 3 days ago)
 
35,613 posts, read 17,940,183 times
Reputation: 50634
Quote:
Originally Posted by Metlakatla View Post
What you posted is specific to outgoing mail. That's why it didn't say anything about "packages left on doorsteps."

Intentionally opening someone else's mail — including stolen mail — is a federal felony.
No, it isn't.

People DO think that, like people think goldfish have a memory of 3 seconds. And they think it's illegal to pick bluebonnets in Texas. Not so.

If a piece of mail arrives in your mailbox, addressed to your address but not specifically to you, you are fine opening it.

Not everyone knows this. I do, though.

And how I know it is I worked at a law firm who had a receptionist who actually thought it was a crime for her to open and sort the mail that arrived at the firm, because it wasn't addressed to her.

We got a lesson in what is and is not legal as far as opening mail.

Read your second link, for clarity. Just take about 20 minutes, and read the entire thing.
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Old 06-19-2019, 03:19 PM
 
Location: Round Rock, Texas
12,946 posts, read 13,332,362 times
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Well, at least in Texas we can use deadly force to prevent theft of our property. That would save the taxpayer $$$ instead of the cost of a trial plus incarceration of the criminal.
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Old 06-19-2019, 03:25 PM
 
26,639 posts, read 36,701,628 times
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Quote:
Originally Posted by ClaraC View Post
No, it isn't.

People DO think that, like people think goldfish have a memory of 3 seconds. And they think it's illegal to pick bluebonnets in Texas. Not so.

If a piece of mail arrives in your mailbox, addressed to your address but not specifically to you, you are fine opening it.

Not everyone knows this. I do, though.

And how I know it is I worked at a law firm who had a receptionist who actually thought it was a crime for her to open and sort the mail that arrived at the firm, because it wasn't addressed to her.

We got a lesson in what is and is not legal as far as opening mail.

Read your second link, for clarity. Just take about 20 minutes, and read the entire thing.
You are "fine" opening something by accident if it arrives in your mailbox. Your receptionist was acting as a corporate representative and had a legal right to open the mail.

Stealing mail from a porch isn't accidental. It really isn't the same thing as picking up a pile of letters from your mailbox and inadvertently opening something that isn't addressed to you.

https://www.encyclopedia.com/article...ressed-to-you/

Quote:
The federal statute 18 USC Section 1702 states that it is illegal for individuals to open correspondence that is addressed to other individuals. However, if you accidentally open someone else’s mail, you have not committed a crime. The law was created to punish individuals who knowingly open mail that is addressed to someone else. These type of people may be looking for personal information that they can abuse or valuable items that they can steal.
Of course, I suppose porch pirates are doing this accidentally. SMH.

Last edited by Metlakatla; 06-19-2019 at 03:43 PM..
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Old 06-19-2019, 03:27 PM
 
26,639 posts, read 36,701,628 times
Reputation: 29906
Quote:
Originally Posted by Trekker99 View Post
In addition to that, Amazon uses their own couriers. FedEx and UPS have their own delivery trucks/drivers.

So, that isn't USPS related.
I order from Amazon Prime quite often. Most of the stuff gets delivered via USPS (although maybe that will change with Amazon's courier program). The USPS has now started delivering Amazon stuff on Sundays in my area, which is pretty convenient.

Again, intentionally opening someone's mail is a federal felony. Just because a receptionist opened mail for a law firm doesn't make porch pirating legal in the eyes of the federal government.

Another 3rd party site and not applicable to Texas law but nonetheless describes how a porch pirate might face federal charges.

http://pappalardolaw.com/2018/06/how...deral-charges/

Not from Texas either but has a federal aspect.

https://wreg.com/2018/12/18/operatio...ing-your-mail/

Quote:
The U.S. Postal Service and law enforcement agencies from across the state are working together to stop porch pirates.
So whatever, Clara. Read your own link. Did you miss this part?

Quote:
Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein
I know you'll come back and try to say that it says nothing about front porches, but front porches are actually considered an "authorized depository," according to postal policy. I believe carriers can also leave packages at another location IF they receive a written directive from the homeowner (as in leaving a note asking that the package be left on the back porch).

Quote:
For all establishments and extensions, the Postal Service options for delivery service are to the door, curbline boxes, or central delivery points or receptacles as specified by USPS policies and procedures. The characteristics of the area to be served and the methods deemed necessary to providing adequate service by the Postal Service are described in greater detail below.
https://about.usps.com/postal-bullet...l/updt_001.htm

Last edited by Metlakatla; 06-19-2019 at 04:30 PM..
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Old 06-19-2019, 03:44 PM
 
17,285 posts, read 22,013,755 times
Reputation: 29617
Quote:
Originally Posted by ClaraC View Post
I really don't understand this. A felony is an egregious act, that comes with very serious consequences.

Package theft of items that sometimes are virtually worthless does NOT rise to the level of a felony. We are blurring the lines between petty crimes, and serious ones that need to be dealt with seriously.

Really? I order a book from Amazon for 15 bucks, and if someone takes it it's a FELONY punishable by up to 10 years in prison and 10,000 fine?

We've lost our way.

https://www.kvue.com/article/news/po...c-f0342281eb1c
I disagree........ steal US mail and it is a felony even if it is just a postcard from grandma saying hi from Daytona!
Under United States Code 18 Section 1708, federal mail theft is a felony. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000.

So stealing packages is essentially mail related right?

Easy crime to avoid...........DONT TAKE PACKAGES OR MAIL!
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Old 06-19-2019, 03:53 PM
 
26,639 posts, read 36,701,628 times
Reputation: 29906
Quote:
Originally Posted by City Guy997S View Post
I disagree........ steal US mail and it is a felony even if it is just a postcard from grandma saying hi from Daytona!
Under United States Code 18 Section 1708, federal mail theft is a felony. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000.

So stealing packages is essentially mail related right?

Easy crime to avoid...........DONT TAKE PACKAGES OR MAIL!
She thinks this only pertains to outgoing mail because of something she cherry picked from a federal statute.

Suppose you explain, Clara, why so many local LE departments are working with the USPS to cut down on porch pirating? Maybe you need to call them and set them straight because you knew a receptionist who opened company mail and that was fine.
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