Full question:
My mail was stolen (came to know on Nov. 25, 2009) as well as opened (came to know also on Nov 25, 2009) by the same individual. Is there any time limit to file a complaint against this individual? First letter was mailed to me on August 25, 2009 and the second letter that opened was mailed to me on Oct. 5, 2009.
- Category: Criminal
- Subcategory: Statute of Limitations
- Date:
- State: New Jersey
Answer:
Mail theft is a federal crime with a 5 year statute of limitations. If identity theft was involved, other statutes may apply. Please see the following federal laws:
§ 1708. Theft or receipt of stolen mail matter generally
How Current is This? 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.
§ 3282. Offenses not capital
(a) In General.— Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.
(b) DNA Profile Indictment.— (1) In general.— In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile.
(2) Exception.— Any indictment described under paragraph (1), which is found not later than 5 years after the offense under chapter 109A is committed, shall not be subject to—
(A) the limitations period described under subsection (a); and
(B) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment.
(3) Defined term.— For purposes of this subsection, the term “DNA profile” means a set of DNA identification characteristics. Search this title:
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
