18 U.S.C. 1702 addresses taking specified mail before delivery, or opening, secreting, embezzling, or destroying it, with the statutory intent to obstruct correspondence or pry into another person’s business or secrets. It is not a strict-liability offense for every mistaken contact with a letter. [1]
The delivery point matters
The statute concerns mail in the postal system and specified mail taken before delivery to the intended person. Whether delivery was complete can be a legal issue; ownership of the mailbox or residence does not automatically authorize opening someone else’s mail.
Intent distinguishes mistakes from obstruction
A person who accidentally opens a misdelivered envelope presents different facts from someone deliberately intercepting and destroying correspondence. Preserve the envelope, address, tracking information, and communications explaining the event. Do not discard evidence after discovering the error.
Penalty and other mail offenses
Section 1702 authorizes a fine, imprisonment up to five years, or both. Other statutes, including mail theft, can cover different conduct and should not be treated as identical. [1] [2]
For example, a dispute between former household members does not itself determine whether a particular letter had been delivered or whether the required intent existed.
Document what happened after a mistake was discovered
For accidental receipt or opening, preserve the original envelope and promptly use a lawful method to return or redirect the correspondence. Do not keep reading, destroy it, or use its contents merely because the initial opening was a mistake. The later conduct can create a different factual record from the original accident. Household, landlord, or business disputes do not automatically establish permission to obstruct another person’s mail. If authority to receive mail is disputed, collect the actual agreement and delivery facts rather than assuming ownership of the building answers the question. Also distinguish mail obstruction from the separate theft provision: physical handling, delivery status, purpose, and the charge’s precise wording can affect which statute is relevant. [1] [2]
For recurring misdelivery, contact USPS and correct address information through lawful channels. See delivery problems and complaints and mail fraud to distinguish service errors from obstruction and a fraudulent scheme.
Primary sources
Sources checked: October 31, 2026.