Is it legal for another employee to open mail that is addressed to a certain employee?

Full question:

If a person receives mail or a package at a work address, but it is clearly marked with the person's name, is it illegal for another staff person to open it?

  • Category: Civil Rights
  • Subcategory: Privacy
  • Date:
  • State: North Dakota

Answer:

The pertinent statutes regarding unauthorized opening of mail, enacted in 1948 and substantially unchanged since then, are set forth below:

1. 18 U.S.C. Sec. 1701:

Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined not more than $100 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 778.)

2. 18 U.S.C. Sec. 1702:

Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 778.)

3. 18 U.S.C. Sec. 1703 (b) :

Whoever, without authority, opens, or destroys any mail or package of newspapers not directed to him, shall be fined not more than $100 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 778; May 24, 1949, ch. 139, Sec. 37, 63 Stat. 95; Aug. 12, 1970, Pub. L. 91-375, 6 (j) (16), 84 Stat. 778.)

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.

FAQs

Yes, it can be illegal to open mail addressed to your address but not your name. Under 18 U.S.C. § 1702, opening mail not addressed to you with the intent to obstruct or pry into someone else's business can lead to legal penalties. It's important to respect the privacy of the intended recipient. If you receive mail not addressed to you, it’s best to return it to the sender or give it to the intended recipient instead.