Florida statute
Fla. Stat. § 812.136 — Mail theft
Current through 2025 Florida Statutes
Part of Chapter 812: Theft, Robbery, and Related Crimes, Florida Statutes.
Criminal charges under this statute
Full text of Fla. Stat. § 812.136
Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.
(1) As used in this section, unless the context otherwise requires:(a) “Mail” means any letter, postal card, parcel, envelope, package, bag, or any other sealed article addressed to another, along with its contents.(b) “Mail depository” means a mail box, letter box, mail route, or mail receptacle of a postal service, an office of a postal service, or mail carrier of a postal service, or a vehicle of a postal service or any other authorized receptacle.(c) “Postal service” means the United States Postal Service or its contractors, or any commercial courier that delivers mail.
(2) Any of the following acts constitutes mail theft:(a) Knowingly removing mail from a mail depository or taking mail from a mail carrier of a postal service with an intent to either temporarily or permanently:1. Deprive the intended recipient of such mail of his or her right to the mail.2. Appropriate the mail to his or her own use or the use of any person not entitled to the use of such mail.(b) Knowingly obtaining custody of mail by fraud or deception with an intent to either temporarily or permanently:1. Deprive the intended recipient of such mail of his or her right to the mail.2. Appropriate the mail to his or her own use or the use of any person not entitled to the use of the mail.(c) Selling, receiving, possessing, transferring, buying, or concealing mail in violation of paragraph (a) or paragraph (b), while knowing or having reason to know the mail was obtained illegally.
(3) Any of the following constitutes theft of or unauthorized reproduction of a mail depository key or lock:(a) Knowingly obtaining or using, or endeavoring to obtain or use, any key or lock used by a postal service for a mail depository with the intent to either temporarily or permanently:1. Deprive the owner of such key or lock of his or her right to such key or lock.2. Appropriate the key or lock to his or her own use or the use of any person not entitled to the use of such key or lock.(b) Knowingly and unlawfully making, forging, or counterfeiting any such key or possessing any such key or lock adopted by a postal service with the intent to unlawfully or improperly use, sell, or otherwise dispose of the key or lock, or to cause the key or lock to be unlawfully or improperly used, sold, or otherwise disposed.(c) Selling, receiving, possessing, transferring, buying, or concealing a key or lock obtained in violation of paragraph (a) or paragraph (b) while knowing or having reason to know such key or lock was obtained illegally.
(4)(a) Except as provided in paragraph (b), a violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(b) A second or subsequent violation of this section is a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.
Official sources
Legal terms used in this section
Questions this section answers
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))
Which Florida statute covers mail theft?
Mail theft is governed by Fla. Stat. § 812.136 (Mail theft).
This reference is informational and is not legal advice.