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Additional penalties for private carrier parcel theft eyed

By John Whittaker 4 min read
State Sen. Sam Sutton, D-Brooklyn, is pictured during a news conference earlier this year.

Packages carried by Amazon, Federal Express and UPS may soon receive the same level of legal protection as those carried by U.S. postal workers.

State Sen. Sam Sutton, D-Brooklyn, has introduced legislation (S.10703) that would establish the crime of private carrier package theft, with courts authorized to impose fines of up to $250,000. That is the same level of criminal punishment available to those who are convicted of stealing packages delivered through the U.S. Mail.

Sutton said New York ranked second for package theft in 2025 with an $1,290,071,402 in losses and 7,828,212 package theft incidents reported across households statewide. New York City also ranked second among the top 10 cities for package theft, with an estimated $248,221,997 in losses and 6,374,072 package theft incidents reported across households throughout the city.

Under current federal law, stealing mail entrusted to the U.S. Postal Service is a felony punishable by up to five years’ imprisonment, regardless of the monetary value of the mail or package stolen. That is not the case for private package carriers.

"As consumers increasingly rely on private carriers for the delivery of goods, this disparity leaves millions of packages without comparable legal protection," Sutton said. "This bill addresses that gap by creating the crime of private carrier package theft, making it a class E felony to intentionally steal, take, or unlawfully possess a package entrusted to a private carrier before it has been lawfully received by the intended recipient or an authorized recipient. Providing comparable protections for packages delivered by private carriers will help deter theft and better safeguard New Yorkers’ property."

Sutton's bill could be taken up by the state Legislature when the next legislative session begins in January.

Federal lawmakers are also eying additional protections packages carried by private parcel carriers.

Less than a year ago, the bipartisan Porch Pirates Act was introduced to combat "porch pirate" package theft. The bill is led by U.S. Congressman Josh Gottheimer, D-N.J., with Rep. Claudia Tenney, R-N.Y., among the Republican co-sponsors. Formally introduced two days before Christmas, the Porch Pirates Act would make stealing a package delivered by a private carrier such as UPS, Amazon, FedEx and others a federal crime. It also would also apply federal penalties, including fines and imprisonment up to three, five, or 10 years, depending on the value, method, and circumstances of the theft. The bill also gives the FBI, Department of Justice and federal task forces full authority to investigate any porch piracy theft of a private carrier package, which Gottheimer said is an improvement in investigative authority, while creating a uniform national baseline by clarifying that existing criminal statutes include delivered packages, creating a uniform national baseline to combat porch piracy, and set standard penalties without preempting individual state laws. It also extends interstate commerce protection to the final delivery point -- including all the way to a front porch -- rather than only protecting packages in transit in interstate commerce.

"There's a literal Grinch that tears through neighborhoods, stealing away Christmas presents and essentials from grandparents and children alike -- right off their own front porch," Gottheimer said. "The bipartisan bill I'm introducing today will protect families under the same laws we already have for other types of mail, while streamlining the definition of porch piracy so there are no delays to families getting help. It shouldn't matter who delivers your package. If you paid for it, you should receive it and get help when you don't. We can't let the holidays be snatched away from us in broad daylight by a bunch of porch pirates. We will fight to ensure gifts stay right where they belong: with the families who work hard to buy them, with the loved ones they thought of when they paid for them, and within the homes celebrating their faith, love, and family together this holiday season. That is what our Jersey Values are about: protecting the people we cherish most."

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