CALIFORNIA PENAL CODE 530.5(E) PC – MAIL THEFT

The daily mail that individuals receive in their mailbox can often include sensitive personal information, like names, account numbers, and financial details. This puts them at risk of identity theft and other fraudulent activities. Mail fraud is a misdemeanor offense under California Penal Code 530.5(e) PC. If convicted, it carries potential penalties of jail time and fines.

Under Penal Code 530.5(e) PC, mail theft is a criminal offense that involves stealing letters, parcels, postcards, and packages sent through the postal service. The following actions constitute mail theft:

• Stealing mail from mailboxes or other depositories, including packages from front porches or doorsteps.
• Stealing mail or packages from post offices, mail vehicles, or mail carriers.
• Obtaining someone’s mail through fraud or deception from any of the aforementioned sources.
• Opening or destroying stolen mail or removing its contents.
• Concealing stolen mail or packages.
• Receiving, buying, or possessing stolen mail with knowledge of its stolen status.

530.5(e) Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefore shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section.

Source:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=530.5

ELEMENTS

For a defendant to be found guilty under California Penal Code Section 530.5(e) PC, the prosecutor must provide evidence that the defendant committed mail theft which fits the definition specified in Section 1705 of Title 18 of the United States Code. This involves:

• The defendant acted willfully or maliciously.
• The defendant tore down, destroyed, or broke into a letter box or other receptacle intended for mail delivery on any mail route.
• Alternatively, the defendant willfully and maliciously injured, defaced, or destroyed any mail deposited inside the receptacle.

As this crime involves the United States Postal Service and interstate commerce, a defendant may also face prosecution for mail theft in Federal Court.

EXAMPLE

Sarah is a disgruntled former employee of a local delivery service. Fueled by anger and resentment, she plans to disrupt mail deliveries and cause inconvenience. One evening, Sarah goes on a spree of mail theft in her neighborhood.

She starts by targeting mailboxes situated along the mail route. Sarah forcefully breaks open several letterboxes, causing damage to the receptacles. She rummages through the stolen mail, taking any valuable items and discarding the rest carelessly. In a particularly malicious act, Sarah intentionally damages and destroys some of the mail before leaving the scene.

Unbeknownst to Sarah, her actions are caught on security cameras installed on nearby houses. Several neighbors report the mail theft and provide the footage as evidence to the local authorities. Sarah’s fingerprints are also found on some of the damaged mail.

Based on this evidence, the prosecutor charges Sarah with mail theft under California Penal Code Section 530.5(e) PC. They argue that Sarah willfully and maliciously tore down, destroyed, or broke into the letterboxes, and also injured, defaced, and destroyed the mail inside.

PENALTIES, PUNISHMENT, AND SENTENCING

This criminal law offense is considered a misdemeanor and can lead to punishment of up to one year in county jail and/or a fine of up to $1,000. However, a judge may choose to grant misdemeanor probation instead of jail time.

HOW DO I FIGHT “MAIL THEFT” CHARGES?

At Tabibnia Law Firm our criminal defense lawyer employs various legal strategies to assist clients in defending against charges of possession of stolen mail. Three common defense approaches include demonstrating that:

• The mail was taken by accident: If it can be shown that the accused inadvertently took someone else’s mail, they may not be found guilty under this statute. Hence, proving inadvertent actions can be a valid legal defense.
• Lack of criminal intent: Similar to the accident defense, challenging a PC 530.5(e) charge involves showing that the accused did not have criminal or malicious intentions. For instance, if someone opened a neighbor’s mail at the neighbor’s request, it could be used as a defense.
• Rights violation by law enforcement: A defense strategy can involve challenging a mail theft charge by demonstrating that law enforcement violated one or more constitutional rights. This can include situations where an officer conducted an unlawful search or seizure, made a stop or arrest without probable cause, coerced a confession, or failed to read the Miranda rights to the accused.

If any of these circumstances apply, it may lead to a judge reducing or dismissing the charges.

IMMIGRATION CONSEQUENCES

Mail theft is classified as a crime involving moral turpitude. A crime involving moral turpitude is considered morally wrong and typically involves deceit, theft, fraud, or similar actions. Non-US citizens who are convicted of PC 530.5(e), which pertains to mail theft, may face significant consequences in their immigration proceedings. One possible outcome for non-US citizens convicted of this offense is involuntary deportation from the United States. For further information, it is recommended to refer to the resource on Crimes Involving Moral Turpitude.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

Following a conviction for mail theft, a defendant may have various post-conviction avenues available, such as withdrawing a guilty plea (PC 1018), appealing the misdemeanor conviction, expunging the criminal record (PC 1203.4), early termination of probation (PC 1203.3), lifting a criminal protective order, and other potential options.

CAN MAIL THEFT BE CHARGED AS A FEDERAL CRIME?

Mail theft often involves the United States Postal Service, a government-operated entity, and as such, it may be charged as a federal offense under Title 18, U.S. Code 1708. California’s mail theft statute directly incorporates the definition of mail theft from this federal law.

It is important to note that the federal government typically permits state prosecution of mail theft cases. Federal prosecution of mail theft is more likely to occur in cases involving large-scale illegal operations that extend across state lines or international borders.

According to the law under 18 U.S. Code 1708, theft or receipt of stolen mail matter is defined as the act of stealing, taking, or abstracting mail from any mail-related facility or authorized depository. It also includes obtaining mail through fraud or deception, as well as removing or abstracting any article or thing from a letter, package, bag, or mail. Additionally, secreting, embezzling, or destroying any letter, postal card, package, bag, or mail, or any article or thing contained within, is considered an offense.

The punishment for such actions can include fines under the mentioned title or a maximum imprisonment of up to five years, or both.

RELATED CRIMES:

• 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
• Petty Theft – California Penal Code Section 484(a) PC
• Grand Theft – California Penal Code Section 487 PC
• Receiving stolen property – California Penal Code 496 PC
• Petty theft – California Penal Code 488 PC

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you or a loved one has been charged with mail theft, or California penal code section 530.5(e), contact our award-winning criminal defense attorney today for a free consultation. AT Tabibnia Law firm, our criminal defense lawyer Cyrus Tabibnia has handled hundreds of misdemeanor and felony crimes in Southern California including Los Angeles. Call him for a case evaluation 866-713-2159