Policy Text
TOM DaRé , CHIEF OF POLICE
Professional Standards Division NUMBER: 2020 -11
ISSUED: July 9 , 2020
Training Bulletin on Mail Theft/ Package Theft
The purpose of this training bulletin is to provide officers with an updated basic
understanding of mail theft as it pertains to different types of mailboxes as well as
package thefts from door steps and porches. With the increase of these types of thefts
happening throughout Garden Grove and the county, it is crucial that we document and
process these crimes with the appropriate charging section s.
Officers sent to calls where there has been a theft of mail from either a bank of
mailboxes (apartment complex or business complex) or one that is attached to an
apartment or home should NOT be classified and documented as a burglary, PC 459,
but as a vandalism, PC 594 and PC 530.5(e).
1. Definition and Elements of the Crime
The mail that people receive every day in their mailbox can be filled with potentially
valuable information, including names, addresses, account numbers, financial
information and other personal identification information. The information found in a
single letter can be used by someone to commit identity theft under California Penal
Code Section 530.5 PC or a variety of other fraud -related offen ses. As a result, mail
theft is a crime that is specifically prohibited by California Penal Code Section 530.5(e)
PC and can result in significant penalties for those convicted.
In order to prove a defendant is guilty under California Penal Code Section 53 0.5(e) PC,
a prosecutor must prove that the defendant committed mail theft as defined in Section
1705 of Title 18 of the United States Code. This requires the following elements:
1. The defendant willfully or maliciously
2. Tore down, destroyed or broke into any letter box or other receptacle intended for
the delivery of mail on any mail route
3. OR the defendant willfully and maliciously injured, defaced or destroyed any mail
deposited inside. TRAINING BULLETIN
Example of 530.5(e)
A man walks through neighborhoods during the day w hen people are at work. He
checks unlocked mailboxes to see if there are checks, credit cards or any other
pieces of mail that may be valuable to him or others. The man proceeds to remove
the mail he finds valuable and keeps it. The man could be charged wi th mail theft
under California Penal Code Section 530.5(e) PC. Additionally, if the man actually
uses the personal identification information he discovered in the stolen mail, he
may also be prosecuted for identity theft pursuant to California Penal Code
Section 530.5 PC
If it is the case where a blue, US Postal box has mail taken, the Feds or Postal Inspectors
should be offered the case for possible filing decision, however, it is not likely the US
Attorney would file and Orange Cou nty District Attorney’s Office can prosecute in all
situations.
Package Theft
Regarding the theft of packages, (ie. Amazon, UPS, USPS, etc.) and conversations with
the OCDA Office it is important to consider the section PC 530.5(e) and PC 488 as these
are only a misdemeanor. If the value of the contents of the mail or package is greater
than $950, they would prefer to file a felony PC 487(a), grand theft.
Written and prepared by: Corporal Paul Tessier
Sources: Orange County District Attorney’s Office