Is It Against the Law to Open Someone’s Mail?

 October 27, 2025 in Elite Lawyer

You might have picked up a letter that was not yours and wondered if opening it could get you into trouble. Maybe a piece of mail meant for a former roommate, neighbor, or even a stranger ended up in your mailbox. While it might seem harmless to take a peek, opening someone else’s mail can actually be a serious offense under federal law.

If you are facing criminal charges for this or anything else, get in touch with a top-rated local criminal defense attorney with the skill and experience to receive the Elite Lawyer award. 

What Does the Law Say About Opening Someone’s Mail?

In the United States, mail is protected by federal law. Under 18 U.S. Code § 1702, it is illegal to open, take, or destroy mail that belongs to someone else before the person gets it. The law applies to letters, packages, and any other type of mail sent through the U.S. Postal Service.

This law exists to protect people’s privacy and ensure that their mail stays private. The Postal Service is considered an extension of the federal government, which means interfering with mail is treated as a federal crime. This is true even if it was a misunderstanding or small mistake.

What Counts as "Opening Someone’s Mail"?

The law covers a wide range of actions. You could violate the law by:

• Taking mail that was delivered to another person’s address

• Opening an envelope or package addressed to someone else

• Hiding or throwing away mail that was not meant for you

• Intentionally keeping mail that belongs to another person

Even if you did not mean to steal, simply opening mail that is clearly addressed to another person can lead to legal consequences. The most important thing is your intent. If you accidentally opened someone’s mail and immediately returned it or reported the mistake, you probably won’t face criminal charges. But if you keep or use the information inside, prosecutors may view it as theft or fraud.

What Are the Penalties for Opening Someone’s Mail?

Mail theft or obstruction is a federal crime and can result in serious penalties. A conviction can lead to fines of up to $250,000 and up to five years in federal prison. A conviction also means a permanent criminal record that affects employment and background checks.

If someone steals mail to commit identity theft, credit card fraud, or other crimes, the penalties can increase even further. These offenses are often prosecuted together, which means someone could face multiple charges for a single act.

What If I Opened Mail That Was Delivered to My House by Mistake?

Receiving mail addressed to someone else happens more often than you might think. The safest approach is simple: Do not open it. Instead, mark the envelope with "Return to Sender" and put it back in your mailbox. You can also give it directly to your mail carrier.

If the mail belongs to a former tenant or homeowner, contact your local post office and let them know. They can update the delivery information and prevent future mistakes.

Can I Open My Spouse’s or Parent’s Mail?

Even among family members, opening someone else’s mail without permission can technically be illegal. In practice, these situations rarely lead to prosecution unless there is a clear intent to steal or harm. Still, it is best to avoid opening mail that is not addressed to you, even if it belongs to someone you live with.

Find a Criminal Defense Attorney Through Elite Lawyer

If you are facing mail-related charges or any other crime, you do not have to go through the legal system alone. The Elite Lawyer directory connects you with top-rated criminal defense attorneys across the country who have been recognized for their skill and professionalism.

Visit us today to find a qualified defense attorney near you and get the help you need to protect your rights.