Mail Theft: Texas Penal Code §31.20

The Texas Mail Theft law makes it illegal to appropriate mail from another person’s mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail.

The Texas legislature codified this criminal offense in Texas Penal Code Section 31.20. The legislature did not update this law in 2023. In fact, this law has not been amended since it was enacted in 2019.

The Penal Code codifies the Texas Mail Theft law under Title 7 “Offenses Against Property,” Chapter 31 “Theft.” Learn more about the Texas offense of Mail Theft below.

What is the current Texas law about Mail Theft?

The current Texas law defines the offense of Mail Theft in Penal Code Section §31.20 as follows:^[1]

(b) A person commits an offense if the person intentionally appropriates mail from another person’s mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail.

How can I be charged with a Mail Theft offense in Texas?

You can be charged with Mail Theft in Texas if the state’s attorneys believe that each of the elements of 31.20(b) as described in the section above have been met.

What is the statute of limitation for Mail Theft in Texas?

Misdemeanor level Mail Theft charges have a two-year limitations period.^[2] Felony level offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Mail Theft offense?

The penalty for Mail Theft ranges from a Class A misdemeanor to a first degree felony. Unless the state obtains an enhancement under subsection (d), then the penalty scheme is as follows:

• If mail is appropriated from fewer than 10 addressees, then the offense is classified as a Class A misdemeanor, punishable by up to a year in county jail and a $4,000 fine.^[4]
• If the mail is appropriated from at least 10 but fewer than 30 addressees, then the offense is classified as a state jail felony.^[5]
• If the mail is appropriated from 30 or more addresses, then the offense is classified as a third degree felony.^[6]

However, under subsection (d), the penalty classification for offense may be enhanced if the appropriated mail contained an item of identifying information and you committed the offense with the intent to facilitate an offense under Fraudulent Use or Possession of Identifying Information according to the following scheme:

• If mail is appropriated from fewer than 10 addressees, then the offense is classified as a state jail felony.^[7]
• If the mail is appropriated from at least 10 but fewer than 20 addressees, then the offense is classified as a third degree felony.^[8]
• If the mail is appropriated from at least 20 but fewer than 50 addressees, then the offense is classified as a second degree felony.^[9]
• If the mail is appropriated from 50 or more addressees, then the offense is classified as a first degree felony.^[10]

In addition, an offense punishable under subsection (d) can be further increased to the next higher category of offense if the state’s attorneys can convince a jury that you knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual.^[11]

Can you get probation for Mail Theft in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Mail Theft, and judges are also allowed to accept deferred adjudication plea deals.^[12]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[13] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[14]

What level of crime is Mail Theft in Texas?

The Penal Code classification of the punishment for Mail Theft ranges from a Class A misdemeanor to a first degree felony, depending on the number of addresses stolen from and other factors.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §31.20. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §31.20(c)(1)^5. Texas Penal Code §31.20(c)(2)^6. Texas Penal Code §31.20(c)(3)^7. Texas Penal Code §31.20(d)(1)^8. Texas Penal Code §31.20(d)(2)^9. Texas Penal Code §31.20(d)(3)^10. Texas Penal Code §31.20(d)(4)^11. Texas Penal Code §31.20(e)^12 See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^13. Art. 42A.053(c), Texas Code of Criminal Procedure^14. Art. 42A.054(b), Texas Code of Criminal Procedure