New Texas Law Makes it a Felony to Steal Packages

LAW BLOG  •

November 12, 2019

Good news for residents this holiday season: a new law in Texas makes it a felony to steal packages. House Bill 37 , effective September 1 st , 2019, added mail theft to the list of criminal offenses in Texas’ Penal Code. As of September, stealing someone’s mail is a felony crime that could result in serious penalties, including up to 10 years in prison and $10,000 in fines. The new law may discourage thieves from taking packages off of victim’s porches in the Lone Star State.

Details of HB 37

House Bill 37 amended Texas Penal Code Chapter 31 to add a section on the crime of mail theft. HB 37 defines mail theft as appropriating a piece of mail (a letter, package, postcard, bag or another sealed article mailed through a common carrier) that is addressed to someone other than the actor. Mail theft could be a misdemeanor or felony if the offender, without the consent of the addressee and with the intent to deprive the victim of the mail, steals pieces of mail that are addressed to at least three other people other than the thief. The crime of mail theft can lead to serious consequences under HB 37.

  • Stolen mail from fewer than 10 addresses. Class A misdemeanor. Punishable with up to one year in county jail and/or a fine of up to $4,000.
  • Stolen mail from 10 to 29 addresses. State felony. Punishable with 180 days to 2 years in state jail and/or a fine.
  • Stolen mail from 30 or more addresses. Felony of the third degree. Punishable with 2 to 10 years in jail and/or a fine of up to $10,000.

If a trial shows that the mail thief stole an article that contained a piece of identifying information, and that the thief stole it in an attempt to use this information to commit further crimes, the penalties increase. Appropriating mail from 50 or more addresses with this intent is a first-degree felony, punishable with 5 to 99 years behind bars. If the perpetrator knew the victim of the mail theft was an elderly person or an individual with a disability, the courts will increase the category of the offense by one level.

How to Prevent Mail Theft

The holiday season is historically one of the worst in terms of package theft. Criminals know more packages come to doors during the gift-giving season, as well as packages of greater value. Package thieves can strike any time of year, however, and in any neighborhood. Help protect yourself from this crime with a bit of advanced preparation if you know you are expecting a package.

  • Choose your delivery date. Some websites and carriers let you choose your delivery date and/or time. That way, you can make sure you are at home when your package comes.
  • Sign up for delivery notifications. UPS, USPS and other carriers now have websites and apps where you can sign up for real-time delivery updates and notifications. This can help you avoid leaving your packages sitting outside.
  • Request a signature. Most delivery services will allow you to upgrade how you ship your package to require a delivery signature confirmation.
  • Install cameras. The presence of a security camera could be enough to discourage thieves from targeting your stoop. If not, you will at least have security footage of the culprit.

If someone does steal your mail or packages, alert the carrier that delivered the package. File a police report to document the incident and alert local authorities to crime in your neighborhood. If you have footage of the thief or eyewitness accounts of his or her description, give them to the police to try to track down the culprit. The new law in Texas could mean serious penalties for a mail thief this holiday season.

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