Florida criminal charge
Mail theft in Florida
Mail theft is a criminal offense under Florida law, defined by Fla. Stat. § 812.136. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 812.136.
What is the penalty for mail theft in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Mail theft — first violation — Applies to a violation of this section that is not a second or subsequent violation.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Mail theft — first violation — Applies to a violation of this section that is not a second or subsequent violation.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Mail theft — second or subsequent violation — Applies when the violation of this section is a second or subsequent violation.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Mail theft — second or subsequent violation — Applies when the violation of this section is a second or subsequent violation.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is mail theft classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Mail theft — first violation | Misdemeanor of the First Degree | Applies to a violation of this section that is not a second or subsequent violation. | Fla. Stat. § 812.136(4)(a) |
| Mail theft — second or subsequent violation | Felony of the Third Degree | Applies when the violation of this section is a second or subsequent violation. | Fla. Stat. § 812.136(4)(b) |
Common questions about mail theft in Florida
Is mail theft a felony or a misdemeanor in Florida?
It depends on the circumstances: mail theft ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 812.136.
Mail theft — first violation: Misdemeanor of the First Degree (Fla. Stat. § 812.136(4)(a)) · Mail theft — second or subsequent violation: Felony of the Third Degree (Fla. Stat. § 812.136(4)(b))
What are the penalties for mail theft in Florida?
Penalties for mail theft in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers mail theft?
Mail theft is governed by Fla. Stat. § 812.136 (Mail theft).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.