Mail Theft: Texas Penal Code §31.20

The Texas Mail Theft law makes it illegal to intentionally appropriate mail without the addressee’s effective consent, either with the intent to deprive the addressee of the mail or with the intent to steal a negotiable instrument.

The Texas legislature codified this criminal offense in Texas Penal Code Section 31.20 and amended it in 2025.

The 2025 amendments remove the “mailbox or premises” location element, broaden “mail” to include items delivered but not yet received by the addressee, add a second intent option for stealing a negotiable instrument with a new enhancement ladder, create rebuttable possession presumptions for multi-item cases, and add an elderly/disabled-victim enhancement to that ladder. The 2025 amendments take effect September 1, 2025, and apply only to offenses committed on or after that date; earlier conduct is governed by prior law.

The Penal Code classifies 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?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Mail Theft in Penal Code Section §31.20, as follows:^[1]

(b) A person commits an offense if the person intentionally appropriates mail without the effective consent of the addressee and with the intent to:

(1) deprive that addressee of the mail; or

(2) steal a negotiable instrument.

(b-1) If an actor possesses mail from five or more addressees, there is a rebuttable presumption that actor appropriated the mail without the effective consent of the applicable addressee and with the intent to deprive the addressee of the mail.

(b-2) If an actor possesses mail containing a combined total of five or more negotiable instruments, there is a rebuttable presumption that the actor:

(1) appropriated the mail without the effective consent of the applicable addressee and with the intent to steal the negotiable instruments; and

(2) committed the offense under this section with the intent to facilitate an offense under Chapter 32.

(b-3) The presumptions established under Subsections (b-1) and (b-2) do not apply to a business or other commercial entity or governmental agency that is engaged in a business activity or governmental function that does not violate a penal law of this state.

Before September 1, 2025, Mail Theft required proof that the mail was taken from another person’s “mailbox or premises.” The 2025 amendments removed that location requirement, added a second intent option for stealing a negotiable instrument, and created rebuttable possession presumptions that apply in certain multi-item scenarios.^[2]

For this offense, “mail” means “a letter, postal card, package, bag, or other sealed article that: (A) is delivered by a common carrier or delivery service and: (i) is in transit; or (ii) has been delivered but not yet received by the addressee; or (B) has been left to be collected for delivery by a common carrier or delivery service.”^[3]

A “negotiable instrument” is a written, unconditional promise or order to pay a fixed amount of money that is payable to order or bearer either on demand or at a definite time and imposes no duties beyond paying money (aside from standard collateral/authorization/waiver terms)—including common payment papers like checks (cashier’s or teller’s), money orders, traveler’s checks, and certificates of deposit.^[4]

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 proceeds under the enhancement paths in subsection (d) or subsection (d-1), the base penalty scheme is:^[5]

• 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.^[6]
• If the mail is appropriated from at least 10 but fewer than 30 addressees, then the offense is classified as a state jail felony.^[7]
• If the mail is appropriated from 30 or more addresses, then the offense is classified as a third degree felony.^[8]

However, there are two enhancement paths: (1) under subsection (d), if the mail contained an item of identifying information and the actor intended to facilitate Fraudulent Use or Possession of Identifying Information (§32.51); and (2) under subsection (d-1), if the mail contained negotiable instrument(s) and the actor intended to facilitate an offense under Chapter 32. The schemes are:^[9]

• If mail is appropriated from fewer than 10 addressees, then the offense is classified as a state jail felony.^[10]
• If the mail is appropriated from at least 10 but fewer than 20 addressees, then the offense is classified as a third degree felony.^[11]
• If the mail is appropriated from at least 20 but fewer than 50 addressees, then the offense is classified as a second degree felony.^[12]
• If the mail is appropriated from 50 or more addressees, then the offense is classified as a first degree felony.^[13]

Negotiable-instrument path (subsection (d-1)):

• Five or fewer negotiable instruments → state jail felony.^[14]
• More than 5 but fewer than 10 negotiable instruments → third degree felony.^[15]
• At least 10 but fewer than 50 negotiable instruments → second degree felony.^[16]
• 50 or more negotiable instruments → first degree felony.^[17]

In addition, an offense punishable under subsection (d) may be increased one category if the actor knew or had reason to believe the addressee was an elderly or disabled individual, and the same one-category increase now also applies to offenses punishable under subsection (d-1)(1)–(3).^[18]

What changed in 2025?

Expanded defintion of mail. The statute now defines key terms: “mail” now expressly includes items that are delivered but not yet received by the addressee^[19]

Broader offense scope. In addition to intent to deprive the addressee of the mail, the offense now also covers intent to steal a negotiable instrument contained in the mail.^[20]

New presumptions. Possession of mail from five or more addressees creates a presumption of unlawful appropriation and intent to deprive.^[21] Possession of mail containing a combined total of five or more negotiable instruments creates a presumption of intent to steal the negotiable instruments and to facilitate an offense under Chapter 32.^[22] These presumptions do not apply to a business or other commercial entity or a governmental agency engaged in a business activity or governmental function that does not violate a penal law of this state.^[23]

New penalty tracks for negotiable instruments. When the offense involves mail containing negotiable instruments, punishment increases to a second degree felony if the combined total is at least 10 but fewer than 50, and to a first degree felony if the total is 50 or more.^[24]

Elderly/disabled enhancement extended. Offenses punishable under the negotiable-instrument penalty tracks are increased to the next higher category if the actor knew or had reason to believe the addressee of an appropriated negotiable instrument was an elderly or disabled individual.^[25]

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 limitations for Mail Theft in Texas?

Misdemeanor level Mail Theft charges have a two-year limitations period.^[26] Felony level offenses follow the default felony limitations period rule, which specifies a three-year limitations period.^[27]

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.^[28]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[29] 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.^[30]

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 2025.^2. Texas Penal Code §31.20(b), (b-1)–(b-3), as amended by SB 1281, 89th Texas Legislature (RS), Section 2^3. Texas Penal Code §31.20(a)(3), as amended by SB 1281, 89th Texas Legislature (RS), Section 1^4. Texas Penal Code §31.20(a)(4), citing Texas Business & Commerce Code §3.104(a), (f), (i), (j)^5. Texas Penal Code §31.20(c), (d), (d-1), as amended by SB 1281, 89th Texas Legislature (RS), Section 2^6. Texas Penal Code §31.20(c)(1)^7. Texas Penal Code §31.20(c)(2)^8. Texas Penal Code §31.20(c)(3)^9. Texas Penal Code §31.20(d), (d-1), as amended by SB 1281, 89th Texas Legislature (RS), Section 2^10. Texas Penal Code §31.20(d)(1)^11. Texas Penal Code §31.20(d)(2)^12. Texas Penal Code §31.20(d)(3)^13. Texas Penal Code §31.20(d)(4)^14. Texas Penal Code §31.20(d-1)(1)^15. Texas Penal Code §31.20(d-1)(2)^16. Texas Penal Code §31.20(d-1)(3)^17. Texas Penal Code §31.20(d-1)(4)^18. Texas Penal Code §31.20(e), (e-1), as amended by SB 1281, 89th Texas Legislature (RS), Section 2^19. Texas Penal Code §31.20(a)(3), as amended by SB 1281, 89th Texas Legislature (RS), Section 1^20. Texas Penal Code §31.20(b)(2), as amended by SB 1281, 89th Texas Legislature (RS), Section 2^21. Texas Penal Code §31.20(b-1), as amended by SB 1281, 89th Texas Legislature (RS), Section 2^22. Texas Penal Code §31.20(b-2), as amended by SB 1281, 89th Texas Legislature (RS), Section 2^23. Texas Penal Code §31.20(b-3), as amended by SB 1281, 89th Texas Legislature (RS), Section 2^24. Texas Penal Code §31.20(d-1)–(d-2), as amended by SB 1281, 89th Texas Legislature (RS), Section 1^25. Texas Penal Code §31.20(e-1), as amended by SB 1281, 89th Texas Legislature (RS), Section 1^26. Code of Criminal Procedure 12.02(a)^27. See Code of Criminal Procedure 12.01(11)^28. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^29. Art. 42A.053(c), Texas Code of Criminal Procedure^30. Art. 42A.054(b), Texas Code of Criminal Procedure