Unlawful Conduct Involving Mail Receptacle Key or Lock: Texas Penal Code §32.56

The Texas Unlawful Conduct Involving Mail Receptacle Key or Lock law, new for 2025, makes it a crime to obtain, possess, duplicate, transfer, or use a key or lock adopted by a postal service for any authorized mail receptacle when done with the intent to harm or defraud another or to deprive another of property.

This is a tools-of-the-crime statute focused on access hardware rather than mail contents. The state does not need to prove you actually stole mail – it is enough to prove you handled a postal-adopted key or lock with the required fraud or deprivation intent.

The legislature created this offense in 2025 as Texas Penal Code §32.56. The law took effect September 1, 2025, and applies only to conduct committed on or after that date.

A violation is generally a third-degree felony, but it can be elevated to a second-degree felony with a prior conviction under this section.

The Penal Code classifies the Texas Unlawful Conduct Involving Mail Receptacle Key or Lock law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of Unlawful Conduct Involving Mail Receptacle Key or Lock below.

What is the current Texas law about Unlawful Conduct Involving Mail Receptacle Key or Lock?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Unlawful Conduct Involving Mail Receptacle Key or Lock in Penal Code Section §32.56, as follows:^[1]

(b) A person commits an offense if, with the intent to harm or defraud another or to deprive another of that person’s property, the person obtains, possesses, duplicates, transfers, or uses a key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail.

This statute targets schemes involving mail-receptacle keys and locks (including so-called “arrow keys”). The act element is broad—possession, duplication, transfer, or use of the key or the lock—and the state must also prove an intent to harm or defraud, or to deprive another of property.^[2]

The definition of “postal service” expressly includes the United States Postal Service and its contractors, as well as commercial couriers that deliver mail, so coverage is not limited to USPS-issued hardware.^[3]

There is no value threshold or misdemeanor track; the base offense is a third degree felony, and a prior conviction under this section elevates punishment to a second degree felony.^[4]

The legislature added §32.56 in 2025; the amendments take effect September 1, 2025, and apply only to offenses committed on or after that date.^[5]

What is the penalty for a Texas Unlawful Conduct Involving Mail Receptacle Key or Lock offense?

A violation of Unlawful Conduct Involving Mail Receptacle Key or Lock is a third-degree felony, but the state can enhance the penalty to a second-degree felony if you have a prior conviction for this offense.^[6]

What defenses apply to these prosecutions?

Statutory/element-based defenses: The state must prove the object was “key or lock adopted by a postal service” and that it was for “a box or other authorized receptacle for the deposit or delivery of mail”; if the device is not postal-adopted or not for an authorized mail receptacle, §32.56 does not apply.^[7]

Additionally, the state must prove a specific intent to harm or defraud, or to deprive another of property; evidence of authorization or a legitimate purpose (e.g., possession during postal or authorized contractor duties) may negate the required mental state.^[8]

Non-statutory defenses: A reasonable mistake of fact may negate the required intent.^[9] A lack of knowledge that the device was a postal-adopted key or lock may undercut proof that you knowingly acted with fraudulent or deprivation intent. Traditional defenses such as consent or authorization, duress, or necessity may apply when supported by the evidence.^[10]

How can I be charged with a Unlawful Conduct Involving Mail Receptacle Key or Lock offense in Texas?

You can be charged with Unlawful Conduct Involving Mail Receptacle Key or Lock in Texas if the state’s attorneys believe that each of the elements of §32.56(b), as described in the section above, have been met.

What is the statute of limitations for Unlawful Conduct Involving Mail Receptacle Key or Lock in Texas?

Unlawful Conduct Involving Mail Receptacle Key or Lock offenses have a three-year limitations period.^[11]

Can you get probation for Unlawful Conduct Involving Mail Receptacle Key or Lock in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Unlawful Conduct Involving Mail Receptacle Key or Lock, and judges are also allowed to accept deferred adjudication plea deals.^[12]

Note, however, that 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.^[13]

What level of crime is Unlawful Conduct Involving Mail Receptacle Key or Lock in Texas?

The Penal Code classifies the punishment for Unlawful Conduct Involving Mail Receptacle Key or Lock as a third degree felony, elevated to a second degree felony with a prior conviction under this section.

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

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Legal References:

^1. Texas Penal Code §32.56. This law is current as of 2025.^2. Texas Penal Code §32.56(b)^3. Texas Penal Code §32.56(a)(2)^4. Texas Penal Code §32.56(c)^5. SB 1281, 89th Texas Legislature (RS), Section 3, Sections 4–5^6. Texas Penal Code §32.56(c), as added by SB 1281, 89th Texas Legislature (RS), Section 3^7. Texas Penal Code §32.56(a)(2), (b)^8. Texas Penal Code §32.56(b), as added by SB 1281, 89th Texas Legislature (RS), Section 3^9. Texas Penal Code §8.02^10. Texas Penal Code Chapter 8; Texas Penal Code Chapter 9^11. See Code of Criminal Procedure §12.01(11)^12. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^13. Art. 42A.054(b), Texas Code of Criminal Procedure