Is It Illegal For Someone To Have Another's Mail Forwarded To Their Address Without Consent

11/25/2008 - Category:Civil Rights - Privacy - State: NC #14722

Full Question:

My wife and I are separated. She had my mail forwarded to her address without my consent after we separated. Can I press charges? If so, what penalties does she face in NC?

Answer:

A change of address form is issued by the federal post office, so that federal law applies, and contains the following statement:

"The person who prepares this form states that he or she is the person, executor, guardian, authorized officer, or agent of the person for whom mail would be forwarded under this order. Anyone submitting false or inaccurate information on this form is subject to punishment by fine or imprisonment or both under Sections 2, 1001, 1702 and 1708 of Title 18, United States Code."

A person submitting a false change of address form may be imprisoned for up to five years, or more in certain instances, plus subjected to a fine up to $250,000. The charges may be obstruction or mail, theft or mail, and/or making a false statement.

The following are federal statutes:

§ 3571. Sentence of fine

(a) In General.— A defendant who has been found guilty of an offense may be sentenced to pay a fine.
(b) Fines for Individuals.— Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of—
(1) the amount specified in the law setting forth the offense;

(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death, not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more than $100,000;
(6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or
(7) for an infraction, not more than $5,000.
(c) Fines for Organizations.— Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense may be fined not more than the greatest of—
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than $500,000;
(5) for a Class A misdemeanor that does not result in death, not more than $200,000;
(6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and
(7) for an infraction, not more than $10,000.
(d) Alternative Fine Based on Gain or Loss.— If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process.
(e) Special Rule for Lower Fine Specified in Substantive Provision.— If a law setting forth an offense specifies no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the amount specified in the law setting forth the offense.

§ 3559. Sentencing classification of offenses

(a) Classification.— An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—
(1) life imprisonment, or if the maximum penalty is death, as a Class A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a Class C felony;
(4) less than ten years but five or more years, as a Class D felony;
(5) less than five years but more than one year, as a Class E felony;
(6) one year or less but more than six months, as a Class A misdemeanor;
(7) six months or less but more than thirty days, as a Class B misdemeanor;
(8) thirty days or less but more than five days, as a Class C misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as an infraction.


Please see the information at the following links:

http://www4.law.cornell.edu/uscode/18/1001.html
http://law.justia.com/us/codes/title18/18usc1702.html
http://law.justia.com/us/codes/title18/18usc1708.html
http://definitions.uslegal.com/f/false-statement/

11/25/2008 - Category: Privacy - State: NC #14722

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