Tuesday, August 24, 2010

In a marital property state, is it illegal to open mail addressed to your spouse?

I have been having an argument with my husband. I am home all day, and have regularly opened mail which is addressed to only him. He claims that I am breaking a law. I claim that it is marital property of which I am entitled to. Who is correct?In a marital property state, is it illegal to open mail addressed to your spouse?
marital property state or not, it is illegal to open any one else's mail unless you are their legal care taker and recognized by the state as such. so leave your hands off mail that does not have your name on it. it is a federal offense and if your husband wanted to you could wind up in a federal prison.In a marital property state, is it illegal to open mail addressed to your spouse?
I can't image that it is truly illegal. However, I found a federal statute (meaning that your state being a marital property state is irrelevant) that does seem to make it illegal, and I could not find any exceptions to it for married people.





TITLE 18--CRIMES AND CRIMINAL PROCEDURE





PART I--CRIMES





CHAPTER 83--POSTAL SERVICE








Sec. 1702. Obstruction of correspondence





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 under this title or imprisoned not more than five years, or both.





EDIT: I don't have any more time to look, but I am sure the answer is in case law somewhere. I am guessing the courts have interpreted the statute to allow your designees to open you mail, meaning that if your husband had given you permission, you are allowed to open it. After all, it is obvious the some people (like the President) don't open their own mail, and designate someone to do it for them. And I'm sure the people who open it are not committing a crime.
The mail is only private until it's delivered to your mailbox. After that, anyone can open it, even the neighbors. Although you could probably charge them with theft for removing your mail from your mailbox. But if mail is misdelivered to my address (happens occasionally, same house number, but one street away), I can actually open it if I choose. Ethically, I'd rather see them get their mail so I take it to them, instead. But no law requires me to do so, or leave it unopened.





Mail is governed by US Postal Service laws, and state property laws do not change that.
I doubt he could send you to jail for it or anything, but I am pretty sure it is considered illegal even if you are married.





My question, is what are you looking for in his mail? I doubt he would care if you were reading his mail unless there was some sort of deception going on between the two of you...if it were just bills and credit card offers and birthday cards he probably wouldnt care...
It should be against the law, but it's definitely inappropriate to open someone's mail without their permission. If he's smart, he'll get himself a PO box and end the issue.
Yes you can open any mail that comes to your home.

No comments:

Post a Comment