The Texas Mail Theft offense was created by the 86th Texas Legislature. The offense became effective on September 1, 2019.
MAIL THEFT ATTORNEY FAQs
Learn more detailed information about the Mail Theft offense below.
Have you been charged with Mail Theft? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
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 Mail Theft?
You can be charged with Mail Theft 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 punishment range for Mail Theft?
The lowest classification for Mail Theft will be a Class A misdemeanor, punishable by up to a year in county jail and a $4,000 fine, and will apply if the amount of stolen mail equals fewer than 10 addresses.[2] It will be a a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees.[3] It will be a felony of the third degree if the mail is appropriated from 30 or more addressees.[4]
However, the 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 Section 32.51, and the enhancements are as follows:
- (1) a state jail felony if the mail is appropriated from fewer than 10 addressees;[5]
- (2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees;[6]
- (3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees;[7] or
- (4) a felony of the first degree if the mail is appropriated from 50 or more addressees.[8]
And the offense 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.[9]
Legal References:
^1. Texas Penal Code §31.20^2. Texas Penal Code §31.20(c)(1), as passed by HB 37 in the 2019 Texas Legislative Session^3. Texas Penal Code §31.20(c)(2), as passed by HB 37 in the 2019 Texas Legislative Session^4. Texas Penal Code §31.20(c)(3), as passed by HB 37 in the 2019 Texas Legislative Session^5. Texas Penal Code §31.20(d)(1), as passed by HB 37 in the 2019 Texas Legislative Session^6. Texas Penal Code §31.20(d)(2), as passed by HB 37 in the 2019 Texas Legislative Session^7. Texas Penal Code §31.20(d)(3), as passed by HB 37 in the 2019 Texas Legislative Session^8. Texas Penal Code §31.20(d)(4), as passed by HB 37 in the 2019 Texas Legislative Session^9. Texas Penal Code §31.20(e), as passed by HB 37 in the 2019 Texas Legislative Session
