Legal Question in Criminal Law in Nebraska

Mail Fraud

If an envelope comes to a business address, but is addressed solely and specifically to one of the employees (with no in care of or mention of the business, with exception to the bus. address), would it be illegal for the business or someone besides the person the mail was addressed to, to open this mail? Or is this mail property of the business because it is addressed to the business address? If the business and it's people open this mail without permission of the person addressed, would this be against the law?


Asked on 7/02/02, 1:52 pm

1 Answer from Attorneys
William Jones William P. Jones, Attorney-at-Law

Re: Mail Fraud

It is illegal to tamper with mail addressed to another person. See 18 U.S.C. � 1701. Obstruction of mails generally-

"Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both."

It is the person or organization that the letter is directed to that controls, not street addresses or PO boxes etc. Merely because something arrives in the mail at an address does not give the owner or occupant of the address any right to own the contents of mail arriving there, unless the item indicates that the letter is directed to that person.

Hope this helps.

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Answered on 7/02/02, 4:16 pm


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