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Mail Theft became its own Texas offense to address package and mail stealing. What makes it unusual is that the offense level is set largely by the number of people whose mail was taken, not just the dollar value — so a single incident affecting several addressees can become a serious felony.

What the Law Covers

Mail theft is defined in Texas Penal Code § 31.20. A person commits the offense by intentionally appropriating mail from another person's mailbox or premises without consent and with intent to deprive the owner of the mail.

Punishment Range

The level is graded by the number of addressees whose mail was taken — rising from a misdemeanor for a small number of victims through the felony levels, and reaching a first-degree felony when the mail of a large number of people is involved. Targeting elderly or disabled victims can also raise the level.

How These Cases Are Defended

Defenses include identity and mistaken identification (these cases often rely on doorbell or surveillance video), whether the items were actually "mail" under the statute, intent, the count of addressees that sets the level, and any unlawful search or seizure.

If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.

Frequently Asked Questions


How is mail theft graded in Texas?
Under Penal Code 31.20, the offense level depends largely on the number of addressees whose mail was taken — from a misdemeanor for a few victims up to a first-degree felony when many people are involved. Targeting elderly or disabled victims can also increase the level.
What are common defenses to mail theft?
Because these cases often rely on surveillance or doorbell video, identity and mistaken identification are common defenses, along with challenges to intent, whether the items qualify as mail, and the legality of any search.

Speak With Brian Foley Today


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