Mail question (Legality of opening mail)

[chefIL11]

So, there is a student government office on my campus (A Major state university).

A member of the student government decided to reach into another member’s mailbox and open a piece of mail. Upon seeing what the piece of mail was (a change in guidelines sent out by the president) he made photocopies, took another “university” envelope… sealed it up and reprinted the address label.

I believe there are many laws broken here. So…

What laws were broken?

What is the penalty for these broken laws?

Do the laws change because it was on a state University’s campus?

Is it the resposibility of the sending party (The student government, university) or the receipient’s to proceed with legal questioning etc?

NOTES: These mailboxes were stacked in rows and “open” where mail can just be slipped in and taken out. (Not sure if this matters)

[Harmonious_Discord]

Mail is protected by federal law when sent through the US Postal Service. What the guy did is a federal crime, if the mail was sent through the US Postal Service. They have a web site you can go to.

[David_Simmons]

@Harmonious Discord

Mail is protected by federal law when sent through the US Postal Service. What the guy did is a federal crime, if the mail was sent through the US Postal Service. They have a web site you can go to.

We need an attorney specializing in US mail

If the mail is delivered by the Postal Service in bulk to the University mail room wouldn’t federal jurisdiction end when it reached the mail room? I would think that further distribution and mail security would be internal to the University.

[Dewey_Finn]

I don’t think it matters if the mail was delivered in bulk, as long as it was sent through the USPS. But if you don’t want to pursue this through the federal authorities, you can go through the student judicial system. At the very least, the person responsible should lose his job.

[chefIL11]

Well, we have an internal mail system in the university. This mail was going from our department to another department so I’m assuming that it would be unrelated to USPS.

Southern Illinois University, Carbondale is the school, btw. I’m sure that may help a little bit.

[RayMan]

I had a friend who was busted by the U.S. Postal Police several years ago. It was similar to the situation described here. He opened mail in a University mail room. The police caught and arrested him in a sting they had set up (no joke, I guess they do this sort of thing from time to time). They did the whole deal–handcuffs, mug shots, fingerprints, lockup, etc. He was facing several federal charges, but he plead it out to one count of simple theft in state court (Illinois). He didn’t serve any time, but the conviction stayed on his record.

I guess the point of my story is that what was described in the OP definitely sounds like a crime, and the U.S. Postal Police would definitely be interested in hearing about it. I don’t think criminal prosecution would be out of the question, provided there was some sort of proof.

[MsRobyn]

If it’s internal and the envelope never saw a US post office, I’d talk with the mailroom supervisor. There may be internal disciplinary actions that can be taken.

Robin

[David_Simmons]

@MsRobyn

If it’s internal and the envelope never saw a US post office, I’d talk with the mailroom supervisor. There may be internal disciplinary actions that can be taken.

Robin

Even if it had gone through US mail at some time this would be a good idea. Let the University mail system make an investigation and follow up with charges via the Postal Service it that seems indicated.

[pravnik]

Title 18 Part 1 Chapter 83 § 1708. Theft or receipt of stolen mail matter generally

Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or

Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or

Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—
Shall be fined under this title or imprisoned not more than five years, or both.

[aamco]

I don’t think you are really asking about the legality of opening mail (IANAL, but it seems clear that it’s not).

I think you are asking about whether the envelope falls under the jurisdiction of the USPS or the University – that is, whether this person should lose his position only, or lose his position AND go to jail.

[David_Simmons]

@pravnik

Title 18 Part 1 Chapter 83 § 1708. Theft or receipt of stolen mail matter generally
Quote:
Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or

Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or

Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—
Shall be fined under this title or imprisoned not more than five years, or both.

I don’t think it’s quite so clearcut. It was added after the OP that the letter was intra university mail. I believe it is still true that you are not supposed to use a US Mail box for anything that isn’t US Mail. This means that the boxes in question aren’t US Mail boxes and may not be subject to Postal Laws and Regulations. The presence of any US Main in them would be purely incidental.