“Porch piracy” is a common term for package theft where someone spots a package left on the doorstop of a residence and takes it – usually to sell the contents later. In Michigan, an accusation of porch piracy can lead to a mail theft charge and serious consequences.
Because so many homes now have doorbell cameras, it isn’t unusual for an incident to be caught on film – but looks can be deceiving. The camera may not clearly capture the face of the person involved, and it can never show their intent. A prosecutor still has to prove every element of the charges beyond a reasonable doubt to get a conviction.
What does Michigan law say about package theft?
Michigan’s mail theft law defines mail to include packages. It prohibits the taking, holding, hiding or destroying of mail addressed to someone else with the intent to defraud someone or deprive the intended recipient of the package’s contents.
A first violation is a misdemeanor punishable by up to a year in jail, a fine of up to $500 or both. A second or subsequent violation is a felony punishable by up to five years in prison, a fine of up to $1,000 or both.
A clear recording from a doorbell camera may help identify who picked up a package, but it is not irrefutable evidence of guilt. A grainy clip taken at night may even leave a lot of room for doubt about what happened and who did it. Even when the person is clearly visible, the angle might keep the camera from showing exactly what was taken. A low-quality video feed or blurry photos from the doorbell camera can be challenged.
It may also be possible to dispute the presumed intentions behind someone’s actions. Shared entryways in duplexes and townhomes can make it easy for someone who is expecting a delivery to grab the wrong box. Or, they may have been trying to do a good deed by picking up a neighbor’s package that was sitting out in the cold and protecting it from rain, snow or actual thieves. Honest mistakes happen, and there can be no conviction without an intent to deprive someone of their property.
If you picked up the wrong package and are now facing charges, remember that you have the right to speak to an attorney before you answer any questions. Saying nothing cannot hurt your defense. An attorney can review the evidence, explain the specific charge you face and assess whether the prosecution can prove its allegations.